United States Eighth Circuit

Conviction and sentence for drug crimes is affirmed where: 1) the district court did not err in denying defendant's request for a Franks hearing as the warrant application established probable cause; 2) the evidence was sufficient to support defendant's convictions for conspiracy and possession of methamphetamine with intent to distribute; and 3) the court did not err in enhancing defendant's sentence for obstruction of justice based on its specific findings that defendant perjured himself at trial. Defendant Vega-Toscana's sentence is affirmed where the court did not commit procedural error in its calculation of the drug quantity attributable to defendant and in its calculation of the advisory Guidelines range.

Appellate Information

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

Judges

• HANSEN, Circuit Judge., Before LOKEN, Chief Judge, HANSEN and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Bassel El-Kasaby, argued, Omaha, NE, for appellant, Ignacio Montes-Medina., Michael J. Tasset, argued, Oakland, NE, for appellant, Carlos A. Vega-Toscano.


• For Appellees:
  
• Bruce Gillan, AUSA, argued, Lincoln, NE, for appellee.