United States Eighth Circuit

Conviction and sentencing for conspiring to defraud the U.S. and aiding and abetting the making of false claims against the government, are affirmed where: 1) no facts considered had an extreme effect on sentencing; 2) sentencing related to charges of conspiracy; 3) any variance between claims proved at trial and stated in the indictment did not result in an increased sentence; and 4) evidence relied upon did not include hearsay or improper expert testimony and was of relevance which outweighed any prejudice to defendant.

Appellate Information

• Decided 09/03/2008
• Published 09/03/2008

Judges

• JOHN R. GIBSON, Circuit Judge., Before RILEY, JOHN R. GIBSON, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Rick E. Mattox, argued, Prior Lake, MN, for appellant.


• For Appellees:
  
• Michael L. Cheever, AUSA, argued, Minneapolis, MN, for appellee.