United States Eighth Circuit

Conviction and sentence for conspiracy to distribute a substance containing cocaine base is affirmed defendant's over claims that: 1) the underlying evidence was insufficient to support the drug conspiracy conviction; 2) he was prejudiced by a variance between the single conspiracy charged in the indictment and the multiple conspiracies proved at trial; 3) the district court abused its discretion in admitting evidence of a prior drug distribution offense; and 4) the Sentencing Guidelines are unconstitutional.

Appellate Information

• Decided 05/12/2008
• Published 05/12/2008

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, WOLLMAN and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Michael David Gooch, argued, Omaha, NE, for appellant.


• For Appellees:
  
• Susan T. Lehr, argued, Omaha, NE (Joe W. Stecher, AUSA, on the brief), for appellee.