United States Eighth Circuit

A conviction and sentence for drug-related offenses is affirmed in part and reversed in part where: 1) the court rejects a claim that the government's use of convicted informants who were unsupervised and who controlled the investigation while carrying on criminal conduct corrupted the integrity of the government's evidence to the extent that defendant was entitled to a judgment of acquittal; 2) a claim that the government's numerous violations of discovery orders, coupled with the lack of credibility of its case, required a judgment of acquittal, failed; 3) there was no error in admitting a witness's testimony; 4) the evidence was sufficient to sustain the conviction; 5) there was no abuse of discretion in denying a motion for new trial; but 6) for purposes of a sentence enhancement, the district court erred in not applying a county felony conviction due to a clerical error in a state's name.

Appellate Information

• Decided 01/17/2008
• Published 01/17/2008

Judges

• BENTON, Circuit Judge., Before LOKEN, Chief Judge, GRUENDER, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellees:
  
• Eric Butts, argued, St. Louis, MO (Robert L. Sikma, Sioux City, IA, on the brief), for appellant/cross-appellee., Forde Fairchild, AUSA, argued, Sioux City, IA (Shawn S. Wedhe, Spec. AUSA, on the brief), for appellee/cross-appellee.