United States Eighth Circuit

Conviction for drug crimes is affirmed where: 1) the district court did not abuse its discretion in using Eighth Circuit Model Jury Instruction 4.05A on the credibility of cooperating witnesses as opposed to defendant's proposed non-pattern instruction on the issue; 2) the court did not abuse its discretion by giving Model Instruction 3.11 on reasonable doubt; 3) the court did not err uin applying a preponderance of the evidence standard to determine the drug quantity attributable to defendant for sentencing purposes; 4) the court's refusal to grant defendant a downward variance for acceptance of responsibility did not wrongfully punish him for exercising his constitutional right to stand trial; and 5) the court properly considered and applied the 18 U.S.C sec. 3553(a) sentencing factors and did not impose an unreasonable sentence.

Appellate Information

• Decided 07/01/2009
• Published 07/01/2009

Judges

• RILEY, Circuit Judge., Before RILEY, BENTON, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Scott Tilsen, AFPD, argued, Cape Girardeau, MO, for appellant.


• For Appellees:
  
• Timothy J. Willis, AUSA, argued, Cape Girardeau, MO, for appellee.