United States Eighth Circuit

Sentence for conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine mixture within 1,000 feet of a protected location and to distribute a controlled substance to a person under the age of 21 is affirmed where the court was entitled to rely on an officer's hearsay testimony in applying a sentencing enhancement under 21 U.S.C. section 841(b)(1)(A) since the sentencing process does not carry the same evidentiary protections guaranteed during a criminal trial, and the statements were sufficiently reliable.

Appellate Information

• Decided 01/29/2009
• Published 01/29/2009

Judges

• RILEY, Circuit Judge., Before WOLLMAN, BYE, and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Rees Conrad Douglas, Sioux City, IA, for appellant.


• For Appellees:
  
• Kevin Craig Fletcher, AUSA, Sioux City, IA, for appellee.