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.
- Decided 10/28/2008
- Published 10/28/2008
WOLLMAN, Circuit Judge., Before LOKEN, Chief Judge, WOLLMAN, and SMITH, Circuit Judges.
United States Eighth Circuit
Clemens A. Erdahl, argued, Cedar Rapids, IA, John P. Messina, argued, Des Moines, IA, for Appellant.
Richard D. Westphal, AUSA, argued, Davenport, IA, for Appellee.