United States Eighth Circuit

District court's conviction of defendant for knowingly and intentionally possessing with intent to distribute drugs and 120-month sentence is affirmed where: 1) there was no Speedy Trial Act violation as the district court did not err in construing the government's motion to set a trial date as a motion to continue: 2) district court did not clearly err in determining that the defendant was ineligible for safety-valve relief and in applying the enhanced sentence, as it found the defendant to be a leader or organizer of the crime.

Appellate Information

• Decided 09/01/2009
• Published 09/01/2009

Judges

• SHEPHERD, Circuit Judge., Before LOKEN, Chief Judge, WOLLMAN and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Michael David Nelson, argued, Omaha, NE, for appellant.


• For Appellees:
  
• Steven A. Russell, AUSA, argued, Lincoln, NE, for Appellee.