United States Eighth Circuit

A conviction and sentence for conspiracy to distribute, or possess with intent to distribute, methamphetamine is affirmed over claims that: 1) the district judge should have recused; 2) a drug quantity determination was in error; 3) an acceptance of responsibility reduction should have been awarded; 4) the district court misapprehended its discretion to sentence under 18 U.S.C. section 3553(a); and 5) the sentence was unreasonable.

Appellate Information

• Decided 03/11/2008
• Published 03/11/2008

Judges

• BENTON, Circuit Judge., Before COLLOTON, BEAM, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

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


• For Appellees:
  
• Mara K. Kohn, Assistant U.S. Attorney, argued, Rapid City, SD, Jay Miller, Assistant U.S. Attorney, (on the brief), Pierre, SD, for Appellee.