United States Eighth Circuit

A conviction for arson and making false statements is affirmed over claims that the district court erred by: 1) allowing the Government to present the domestic violence evidence; and 2) by giving improper jury instructions that constructively amended the indictment. However, a portion of the restitution award is vacated and remanded for imposition of a corrected sentence where it was not possible to determine whether the jury convicted defendant of conspiring to commit arson or of aiding and abetting the arson, and thus the restitution award should have been limited to the damage to one home.

Appellate Information

• Decided 07/28/2008
• Published 07/28/2008

Judges

• GRUENDER, Circuit Judge., Before MELLOY, GRUENDER and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Daniel L. Gerdts, argued, Minneapolis, MN, for appellant.


• For Appellees:
  
• Erica MacDonald, AUSA, argued, Minneapolis, MN, for appellee.