United States Eighth Circuit

Defendant's drug conspiracy sentence is affirmed where: 1) two of the counts against defendant were not improperly joined at the outset simply because the government was not ultimately able to convince the district court at sentencing that the discharge of a firearm and a drug conspiracy were related for purposes of the Sentencing Guidelines calculation; and 2) prior offenses that were part of the same conspiracy being sentenced can be used for 18 U.S.C. section 841 enhancement.

Appellate Information

• Decided 03/03/2010
• Published 03/03/2010

Judges

• BEAM, Circuit Judge., Before BYE, BEAM, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Matthew R. Kahler, argued, Omaha, NE, for appellant.


• For Appellees:
  
• Susan T. Lehr, AUSA, argued, Omaha, NE, for appellee.