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U.S. v. BERNDT

Nos. 95-3503, 95-3938.

86 F.3d 803 (1996)

UNITED STATES of America, Appellee, v. Steven Paul BERNDT, Appellant. UNITED STATES of America, Appellee, v. David John ASMUSSEN, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 13, 1996.

Rehearing Denied July 31, 1996.

Attorney(s) appearing for the Case

Thomas M. Keller, Sioux Falls, South Dakota, argued for Berndt and John Allen Heisler, Sioux Falls, South Dakota, argued for Asmussen.

Karen E. Schreier, Assistant U.S. Attorney, Sioux Falls, South Dakota, argued for appellee.

Before MURPHY, Circuit Judge, ROSS, Senior Circuit Judge, and VAN SICKLE, Senior District Judge.

VAN SICKLE, District Judge.

Steven Paul Berndt and David John Asmussen appeal various aspects of their convictions and sentencing. Asmussen contends that the evidence was insufficient to convict him, the district court1 erred by imposing a two-level Guidelines enhancement for obstruction of justice, and that the district court miscalculated the amount of the loss to the victims for sentencing purposes. Berndt claims the district court...

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