United States Eighth Circuit

Defendant's sentence for conspiring to distribute and possessing with intent to distribute 50 grams or more of cocaine base and 500 grams or more of cocaine powder is affirmed where: 1) a witness's uncertainty regarding what type of gun defendant possessed was not a basis for rejecting the district court's determination that the witness was credible; and 2) the district court did not misapply U.S.S.G. section 5G1.3(c) by not crediting defendant for the time he had served in state custody prior to the date the federal sentence was imposed.

Appellate Information

• Decided 01/12/2011
• Published 01/12/2011

Judges

• Michael J. Melloy

Court

• United States Eighth Circuit

Counsel