United States Eighth Circuit

Defendants' drug conspiracy convictions and sentences are affirmed where: 1) even if prosecutorial misconduct occurred at the grand jury hearing, it was well-established that a petit jury's guilty verdict normally rendered errors in the grand jury proceedings harmless; 2) defendant was not prejudiced by the use of leading questions; 3) the court could not detect from the record an attempt to confuse the jury or a corresponding need to supply answers to faltering witnesses; 4) the mandatory minimums in 18 U.S.C. section 841(b)(1)(A) do not violate equal protection; and 5) although the sex-offender treatment imposed as part of defendant's sentence did not relate to the drug offenses, it did relate to another offense the defendant previously committed.

Appellate Information

• Decided 03/30/2010
• Published 03/30/2010

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• William M. Orth, argued, Minneapolis, MN, for appellant Fenner., Stephen W. Walburg, argued, Shakopee, MN, for Davis.


• For Appellees:
  
• David Gerald Wilhelm, AUSA, argued, Jeffrey S. Paulsen, AUSA, on the brief, Minneapolis, MN, for appellee.