United States Eighth Circuit

Brothers' convictions and sentences on firearm-related offenses are affirmed where: 1) there was no error in denying a motion to dismiss alternate counts as the district court took corrective action to merge the two counts of being a felon in possession with and being a drug user in possession; 2) there was no abuse of discretion in denying a motion to compel the government to elect one theory of prosecution; 3) defendant was not prejudiced by evidence that he was both a felon and a drug user; and 4) a claim, that the district court erred by treating the advisory Guidelines as presumptively reasonable, was meritless.

Appellate Information

• Decided 01/10/2008
• Published 01/10/2008

Judges

• HANSEN, Circuit Judge., Before WOLLMAN, HANSEN, and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jonathan Hammond, argued, Cedar Rapids, IA, for appellant Kent Platter., Stanley A. Roush, argued, Cedar Rapids, IA, for appellant Timothy Platter.


• For Appellees:
  
• Peter E. Deegan, Jr., AUSA, argued, Cedar Rapids, IA, for appellee.