United States Eighth Circuit

Defendant's sentence for assault with a dangerous weapon is affirmed where: 1) the record adequately supported the district court's rejection of defendant's self-defense claim, and defendant's arguments regarding her own wounds were immaterial to the court's findings; 2) the district court properly assigned criminal history points based on defendant's prior assaults; and 3) the court had previously rejected the possibility of requiring heightened standards of proof in cases where a sentencing factor proven merely by the preponderance of the evidence drove the overall sentence.

Appellate Information

• Decided 03/04/2010
• Published 03/04/2010

Judges

• MELLOY, Circuit Judge., Before MELLOY, SMITH, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jana Miner, AFPD, argued, Pierre, SD, for Appellant.


• For Appellees:
  
• Mikal Gene Hanson, AUSA, argued, Pierre, SD, for Appellee.