U.S. v. McGILBERRY

No. 09-2892.

620 F.3d 880 (2010)

UNITED STATES of America, Appellee, v. James Victor McGILBERRY, Jr., aka B.G., Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: September 3, 2010.


Attorney(s) appearing for the Case

Gary G. Colbath, Jr. , AFPD, Argued, Rapid City, SD, for Appellant.

Tomothy Marshall Maher , AUSA, argued, Pierre, SD, for Appellee.

Before WOLLMAN, SMITH, and COLLOTON, Circuit Judges.


SMITH, Circuit Judge.

A jury convicted James Victor McGilberry Jr. of conspiracy to distribute marijuana, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), and 846. The district court1 sentenced McGilberry to 151 months' imprisonment. On appeal, McGilberry argues that (1) the government presented insufficient evidence to convict him of conspiracy to distribute marijuana; (2) the government failed as a matter of law to prove...

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