United States Eighth Circuit

Conviction and sentence on weapons and narcotics charges is affirmed where: 1) admission of expert testimony did not substantially impact the jury and was not a basis for reversal; 2) evidence was sufficient to support the jury's verdict; 3) district court did not violate defendant's Fifth and Sixth Amendment rights as it may determine drug quantity by a preponderance of the evidence; and 4) court's calculation for defendant's criminal history category was properly calculated.

Appellate Information

• Decided 04/13/2009
• Published 04/13/2009

Judges

• DOTY, District Judge, Before MELLOY, and BENTON, Circuit Judges, and DOTY, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jeffrey M. Brandt, Robinson & Brandt, P.S.C., Covington, KY, argued, for appellant Rodney Rodebaugh., Bruce C. Houdek, Bruce C. Houdek, P.C., Kansas City, MO, argued, for appellant Bruce Johnson., J. Brian Baehr, Columbia, MO, for appellant Eugene Rodebaugh.


• For Appellees:
  
• Jim Y. Lynn, Asst. U.S. Atty., Jefferson City, MO, argued (John F. Wood, U.S. Atty., Kansas City, MO, Lauren E. Kummerer, Spec. Asst. U.S. Atty., Jefferson City, MO, on the brief), for appellee.