United States Eighth Circuit

Defendants' drug conspiracy convictions and sentences are affirmed where: 1) the district court's paraphrasing of the plea agreement was sufficient to establish a factual basis for defendant's guilty plea; 2) there was no error in the district court's failure to address explicitly defendant's motion for a downward variance based on the sentencing disparity; and 3) the district court was in the best position to observe the witnesses' demeanor and assess their credibility, and thus the court would not disturb the district court’s reasoned credibility determinations.

Appellate Information

• Decided 08/25/2010
• Published 08/25/2010

Judges

• William J. Riley

Court

• United States Eighth Circuit

Counsel