United States Eighth Circuit

A conviction and sentence for drug-related offenses is affirmed over claims of error regarding: 1) the sufficiency of the evidence; 2) admission of evidence; 3) jury instruction; 4) a finding that defendant was a career offender under U.S.S.G. section 4B1.1 based, in part, on a ruling that a prior conviction in Minnesota for attempted third degree burglary was a crime of violence; and 5) his sentence under Booker as a violation the Ex Post Facto Clause.

Appellate Information

• Decided 11/20/2006
• Published 11/20/2006

Judges

• GRUENDER, Circuit Judge., Before LOKEN, Chief Judge, BEAM and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• George E. Rapaich, argued, St. Paul, MN, for appellant., Kelley Joseph LeGrand Leavenworth, KS, pro se.


• For Appellees:
  
• Joseph Thomas Dixon, III, argued, U.S. Attorney's Office, Minneapolis, MN, for appellee.