United States Eighth Circuit

Conviction for distribution and aiding and abetting the distribution of crack cocaine is affirmed where: 1) district court did not err in rejecting defendant's guilty plea to the crime of aiding and abetting, as his plea did not admit all of the elements of the offense; 2) there as no clear error in rejection of defendant's motion for an acceptance-of-responsibility reduction; 3) evidence at sentencing was sufficient to show the drug was crack rather than cocaine; and 4) there was no error in making defendant's federal sentence consecutive to his state time as the state sentence was for a separate offense. Case remanded for further sentencing proceedings pursuant to Kimbrough.

Appellate Information

• Decided 03/02/2009
• Published 03/02/2009

Judges

• BENTON, Circuit Judge., Before WOLLMAN, SMITH, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Webb L. Wassmer, Cedar Rapids, IA, for appellant.


• For Appellees:
  
• Daniel C. Tvedt, AUSA, Cedar Rapids, IA, for appellee.