United States Eighth Circuit

A conviction and sentence for conspiracy to distribute and possess with intent to distribute methamphetamine is affirmed over claims that: 1) there was insufficient evidence to convict him of a conspiracy; 2) there was a variance between the indictment and the evidence presented at trial; 3) there was a constructive amendment of the indictment; 4) the district court erred at sentencing in its drug quantity determination; 5) it erred in imposing a two-level obstruction of justice enhancement; 6) denial of a minimal participant reduction was error; and 7) there was a failure to properly apply the section 3553 factors or make an adequate appellate record of the court's application of those factors.

Appellate Information

• Decided 08/24/2007
• Published 08/24/2007

Judges

• SHEPHERD, Circuit Judge., Before MURPHY, BEAM, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Terry L. Pechota, argued, Rapid City, SD, for appellant.


• For Appellees:
  
• Jay P. Miller, Assistant U.S. Attorney, argued, Pierre, SD, for appellee.