United States Eighth Circuit

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US v. Molina-Perez, 09-1611

Defendant's conviction and sentence for conspiring to manufacture marijuana and maintaining a place to manufacture marijuana are affirmed where: 1) there were sufficient grounds on which the jury could find defendant guilty of conspiracy beyond a reasonable doubt; 2) a singular, benign reference to homicide that did not link defendant to the deaths and in no way caused him to suffer prejudice did not require a mistrial; and 3) the government provided sufficient evidence with which the district court could find that defendant maintained a leadership role in the offense.

Appellate Information

  • Submitted 11/18/2009
  • Decided 02/23/2010
  • Published 02/23/2010

Judges

  • MELLOY, Circuit Judge., Before MELLOY, BEAM, and GRUENDER, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Christina Marie Digirolamo, Jeffrey D. Morris, Berkowitz & Oliver, Kansas City, MO, for Appellant., Jhanmay Molina-Perez, Oklahoma City, OK, pro se.

  • For Appellees:
  • Gregg R. Coonrod, Patrick Damian Daly, Special, Assistant U.S. Attorney, U.S. Attorney's Office, Kansas City, MO, for Appellee.