United States Eighth Circuit
US v. Aleman, 08-1079, 08-1173, 08-2115
Defendants' convictions and sentences for conspiring to distribute methamphetamine are affirmed for the most part over claims of error regarding whether: 1) one defendant's statement to police should have been suppressed; 2) the district court erred by denying a continuance and giving a willful blindness instruction; 3) the government failed to turn over materials to a defendant; 4) the government made prejudicial statements before the jury; and 5) the sentence were properly imposed. One defendant's sentence is remanded for resentencing where the district court committed prejudicial procedural error by calculating his advisory guideline range incorrectly.
Appellate Information
- Decided 12/08/2008
- Published 12/08/2008
Judges
- MURPHY, Circuit Judge., Before LOKEN, Chief Judge, JOHN R. GIBSON and MURPHY, Circuit Judges.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- Arthur Ray Martinez, argued, Minneapolis, MN, for appellant Aleman in 08-1079., Rick E. Mattox, argued, Prior Lake, MN, for appellant Martinez-Menera in 08-1173., Frederick J. Goetz, argued, Minneapolis, MN, for appellant Yanka in 08-2115.
- For Appellees:
- David P. Steinkamp, AUSA, argued, Lisa D. Kirkpatrick, AUSA, on the brief, Minneapolis, MN, for appellee.