Filed: May 13, 1997
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 96-3274 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. Ronald Bruner, * * [UNPUBLISHED] Appellant. * _ Submitted: May 7, 1997 Filed: May 13, 1997 _ Before HANSEN, MORRIS SHEPPARD ARNOLD, and MURPHY, Circuit Judges. _ PER CURIAM. Ronald Bruner appeals the 192-month sentence imposed by the district 1 court after he pleaded guilty to possessing cocaine
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 96-3274 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. Ronald Bruner, * * [UNPUBLISHED] Appellant. * _ Submitted: May 7, 1997 Filed: May 13, 1997 _ Before HANSEN, MORRIS SHEPPARD ARNOLD, and MURPHY, Circuit Judges. _ PER CURIAM. Ronald Bruner appeals the 192-month sentence imposed by the district 1 court after he pleaded guilty to possessing cocaine ..
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United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 96-3274
___________
United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Missouri.
Ronald Bruner, *
* [UNPUBLISHED]
Appellant. *
___________
Submitted: May 7, 1997
Filed: May 13, 1997
___________
Before HANSEN, MORRIS SHEPPARD ARNOLD, and MURPHY, Circuit Judges.
___________
PER CURIAM.
Ronald Bruner appeals the 192-month sentence imposed by the district
1
court after he pleaded guilty to possessing cocaine with intent to
distribute, in violation of 21 U.S.C. § 841(a)(1). Bruner challenges the
court's reliance on a codefendant's testimony in determining that the
government had supported the presentence report's drug-quantity
calculations by a preponderance of the evidence.
We conclude the district court properly considered the codefendant's
testimony and did not clearly err in its drug- quantity finding. See U.S.
Sentencing Guidelines Manual § 6A1.3(a)
1
The Honorable Stephen N. Limbaugh, United States District
Judge for the Eastern District of Missouri.
(1995) (court may consider any relevant evidence in its sentencing
determination as long as it has "sufficient indicia of reliability to
support its probable accuracy"); U.S. Sentencing Guidelines Manual § 2D1.1
comment. (n.12) (1995) (drug quantities not specified in count of
conviction may be considered in determining offense level; where there is
no drug seizure or amount seized does not reflect scale of offense, court
must approximate drug quantity); United States v. Adipietro,
983 F.2d 1468,
1472 (8th Cir. 1993) (standard of review for drug-quantity finding). The
court acknowledged the codefendant's incentive to be untruthful, and
nonetheless found his testimony credible. See
Adipietro, 983 F.2d at 1472
(court's credibility findings are virtually unassailable on appeal).
Accordingly, we affirm.
A true copy.
Attest:
CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
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