United States Eighth Circuit

Defendants' convictions and sentences for conspiracy to distribute and possess with the intent to distribute ecstasy are affirmed where: 1) the parties' plea agreement did not contain an agreement not to prosecute other offenses; 2) venue was appropriate because there was no dispute that defendant's co-conspirator was in Iowa and committed acts in furtherance of the conspiracy there; 3) it was not clear error for the district court to find that defendant knowingly and voluntarily waived his rights and, as a result, the district court did not err when it denied a motion to suppress; and 4) in light of the evidence that the instant conspiracy involved a variety of pills, many of which were not available for chemical analysis, it was not error for the district court to use the Typical Weight Per Unit Table.

Appellate Information

• Decided 06/14/2010
• Published 06/14/2010

Judges

• BYE, Circuit Judge., Before LOKEN, Chief Judge,MURPHY, and BYE, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David E. Mullin, Cedar Rapids, IA, for Appellant, Van Phong Nguyen., Mark A. Appleton, Aledo, IL, for Appellant, Nam Trong Tung Nguyen.


• For Appellees:
  
• Donald B. Allegro, AUSA, Davenport, IA, for Appellee.