United States Eighth Circuit

A conviction for witness tampering and being a felon in possession of a firearm is affirmed over claims that the district court erred in: 1) denying a motion for new trial for insufficiency of the evidence; 2) failing to compel the testimony of two defense witnesses; 3) enhancing his sentence because the firearms were stolen; 4) applying a preponderance-of-the-evidence standard to sentence enhancing facts; 5) finding the number of firearms in determining defendant's sentence; and 6) imposing an unreasonable sentence.

Appellate Information

• Decided 09/06/2007
• Published 09/06/2007

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Wallace L. Taylor, Cedar Rapids, IA, for appellant.


• For Appellees:
  
• Richard D. Westphal, AUSA, Davenport, IA, for appellee.