U.S. v. OSEBY

No. 97-3207.

148 F.3d 1016 (1998)

UNITED STATES of America, Appellee, v. F. Butch OSEBY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 8, 1998.


Attorney(s) appearing for the Case

Thomas Wilka, Sioux Falls, SD, argued (Rita Allen, on the brief), for Appellant.

Ted L. McBride, Acting U.S. Attorney, Rapid City, SD, argued, for Appellee.

Before BEAM and HEANEY, Circuit Judges, and WATERS, District Judge.


WATERS, District Judge.

F. Butch Oseby appeals his conviction and sentence for conspiring to defraud the United States and giving a gratuity to a public official. Oseby contends that the district court erred when it: (1) unforeseeably expanded a federal statute; (2) improperly admitted statements made by a co-conspirator; and (3) miscalculated loss under the sentencing guidelines. For the reasons stated below, we affirm Oseby's conviction, but vacate his sentence...

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