United States Eighth Circuit

Conviction for multiple drug and gun crimes in connection with the operation of a drug trafficking business on the state Pine Ridge Oglala Sioux Reservation is affirmed in all respects except is reversed and remanded where: 1) the indictment in Count VI was misleading as it suggested that receiving as well as giving a gun in exchange would constitute "use" of a gun in connection with the drug transaction; and 2) the district court's findings regarding the amount of drugs for which co-defendant was responsible at sentencing were based on a legally erroneous interpretation of section 1B1.3 and because the evidence could well have supported a different finding had the district court applied the correct rule the case is remanded for resentencing.

Appellate Information

• Decided 11/26/2008
• Published 11/26/2008

Judges

Court

• United States Eighth Circuit

Counsel