United States Eighth Circuit

A conviction and sentence for assault with a dangerous weapon is affirmed over claims that the district court erred by: 1) denying a request to submit a lesser-included instruction on the offense of assault by striking, beating or wounding; 2) admitting the testimony of a VA employee; 3) denying a motion for mistrial; 4) denying a request for a downward adjustment for acceptance of responsibility; and 5) fining defendant $7,500.

Appellate Information

• Decided 08/26/2008
• Published 08/26/2008

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Gary G. Colbath, AFPD, argued, Rapid City, SD, for appellant.


• For Appellees:
  
• Kevin Koliner, AUSA, argued, Sioux Falls, SD, Carolyn G. Olson, AUSA, on the brief, Rapid City, SD, for appellee.