United States Eighth Circuit

Conviction and sentence for drug crimes is affirmed where: 1) district court did not err in basing its findings about quantity and type of drugs defendant sold on the testimony of witnesses; 2) district court did not err in finding sufficient evidence that firearms were present and involved in the drug transactions, that defendant was a leader of criminal activity, and in considering new evidence of criminal history; 3) the court adequately considered the 18 U.S.C. sec. 3553(a) factors and did not give the advisory guidelines excessive weight; and 4) the sentencing was not procedurally defective based on any alleged misconduct by the government.

Appellate Information

• Decided 05/04/2009
• Published 05/04/2009

Judges

• MURPHY, Circuit Judge., Before MURPHY, HANSEN, and BYE, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Cheryl Rafert, argued, St. Louis, MO, for appellant.


• For Appellees:
  
• Keith D. Sorrell, AUSA, argued, Cape Girardeau, MO, for appellee.