United States Eighth Circuit

Conviction and sentence for wire fraud, making false statements, and failure to appear is affirmed where: 1) the evidence was sufficient to support defendant's convictions for wire fraud and failure to appear; 2) the district court did not abuse its discretion in denying defendant's motion for new counsel, and made an adequate inquiry into defendant's dissatisfaction with his attorney; 3) the use of the 2007 Guidelines Manual did not create an ex post facto violation; and 4) the court's denial of defendant's request for a downward departure was unreviewable.

Appellate Information

• Decided 07/06/2009
• Published 07/06/2009

Judges

• GRUENDER, Circuit Judge., Before MURPHY, ARNOLD and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Alexander F. Reichert, Grand Folks, ND, for appellant.


• For Appellees:
  
• Jennifer Klemetsrud Puhl, AUSA, Fargo, ND, for appellee.