United States Eighth Circuit

A conviction for mail fraud is affirmed over claims of error regarding: 1) a denial of a motion to dismiss the charges based on a contention that the indictment was flawed; and 2) an evidentiary ruling. However, the sentence is remanded where the district court erred by imposing an enhancement for sophisticated means.

Appellate Information

• Decided 08/16/2007
• Published 08/16/2007

Judges

• SMITH, Circuit Judge., Before BYE and SMITH, Circuit Judges, and NANGLE, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Angela L. Campbell, argued, Assistant Federal Public Defender, Des Moines, Iowa, for appellant.


• For Appellees:
  
• Shannon Leigh Olson, argued, Assistant U.S. Attorney, Des Moines, Iowa (Matthew G. Whitaker and Mary C. Luxa, on the brief), for appellee.