United States Eighth Circuit

A conviction and sentence for conspiracy to distribute or possess with intent to distribute a mixture or substance containing methamphetamine are affirmed over claims that: 1) the evidence was insufficient to support the conviction; 2) he was prejudiced by evidence of multiple conspiracies; 3) the district court erred in rejecting a proposed theory-of-defense instruction; 4) he should have received a minor role reduction at sentencing; 5) he should have received a downward departure based on his extensive military service; and 6) his sentence was unreasonable.

Appellate Information

• Decided 01/26/2007
• Published 01/26/2007

Judges

• GRUENDER, Circuit Judge., Before BYE, BOWMAN and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jerrey M. Hug, argued, Omaha, NE (Alan G. Stoler, on the brief), for appellant.


• For Appellees:
  
• Robert C. Sigler, Asst. U.S. Attorney, argued, Omaha, NE (Joe W. Stecher, Asst. U.S. Attorney, Omaha, NE, on the brief), for appellee.