United States Eighth Circuit

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US v. Webb, 08-1331, 08-1332

Defendants' sentences for conspiracy to distribute cocaine base are affirmed over their claim that the district court erred at sentencing by applying a preponderance of the evidence standard to determine drug quantity in excess of that found by the jury beyond a reasonable doubt.

Appellate Information

  • Decided 10/28/2008
  • Published 10/28/2008


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


  • United States Eighth Circuit


  • For Appellant:
  • Clemens A. Erdahl, argued, Cedar Rapids, IA, John P. Messina, argued, Des Moines, IA, for Appellant.

  • For Appellees:
  • Richard D. Westphal, AUSA, argued, Davenport, IA, for Appellee.

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