United States Eighth Circuit

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

Judges

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

Court

• United States Eighth Circuit

Counsel

• 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.