United States Eighth Circuit

Defendant's sentence for aiding and abetting the possession with intent to distribute methamphetamine is vacated where, although the district court addressed defendant's objections at the sentencing hearing, the district court failed to put the burden on the government to prove defendant's disputed theft conviction, and the district court also failed to conduct an evidentiary hearing on the disputed theft conviction.

Appellate Information

• Decided 06/28/2010
• Published 06/28/2010

Judges

Court

• United States Eighth Circuit

Counsel