United States Eighth Circuit

Defendants' drug conspiracy convictions and sentences are affirmed where: 1) defendants' plea agreement only permitted him to appeal an "unconstitutionally defective sentence," and defendant did not appeal on those grounds; 2) the government presented sufficient evidence to show that defendant knowingly participated in a marijuana conspiracy; and 3) the district court erred when it instructed the jury that conspiracy may constitute a predicate offense for a continuing criminal enterprise (CCE). However, the district court's forfeiture order is reversed in part where there was no sufficient facilitation nexus between defendant's car and the CCE.

Appellate Information

• Decided 04/02/2010
• Published 04/02/2010

Judges

• RILEY, Chief Judge., Before RILEY, Chief Judge,SMITH and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Angela L. Campbell, argued, Des Moines, IA, for appellant., Alleen Castellani Van Bebber, argued, Kansas City, MO, for appellant., John P. Messina, argued, Des Moines, IA, for appellant.


• For Appellees:
  
• Robert Knief, AUSA, argued, Sioux City, IA, for appellee.