United States Eighth Circuit

Defendants' murder and firearm use convictions are affirmed where 1) it was the government's evidence -- not any perceived conflict between defendants' defense theories -- that was the basis for the jury's verdicts, and thus the district court did not abuse its discretion by declining to sever defendants' trials; 2) given the multiple purposes of defendants' separate acts at different times and locations, the district court did not err in refusing to dismiss certain counts of the indictment; and 3) 18 U.S.C. section 245 was a valid exercise of Congress's power under the Thirteenth Amendment.

Appellate Information

• Decided 01/29/2010
• Published 01/29/2010

Judges

• SMITH, Circuit Judge., Before BYE, SMITH, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Cheryl Ann Pilate, Olathe, KS, John R. Osgood, Lee's Summit, MO, argued, Rebecca L. Kurz, on the brief, Olathe, KS, for Appellant.


• For Appellees:
  
• Angela MacDonald Miller, AUSA, argued, Jessica Dunsay Silver, AUSA, on the brief, Washington, DC, for Appellee.