United States v. Mann, No. 11-1500 (8th Cir. 2012)
Annotate this CaseDefendant was convicted by a jury of conspiring to use and aiding and abetting the use of a weapon of mass destruction, causing the damage or destruction of a vehicle by means of an explosive resulting in personal injury; possession of unregistered grenades; possession of an unregistered machinegun; possession of a machinegun; conspiring to corruptly obstruct an official proceeding; and aiding and abetting in the corrupt concealment of documents with the intent to impair the use of the documents in an official proceeding. Defendant appealed his convictions and sentences, alleging errors at the pretrial stage, at trial, and at sentencing. The court affirmed defendant's convictions as to Counts 1, 2, 3, 7, and 8; remanded Counts 5 and 6 with instructions to set aside one of the convictions; and affirmed the sentence as to Counts 7 and 8 but remanded Counts 1, 2, 3, and 5 or 6 for resentencing.
Court Description: Criminal case - Criminal law and Sentencing. When a grand jury is not in session during the thirty-day period set forth in 18 U.S.C. Sec. 3161(b), the period for filing an indictment is automatically extended, and the district court did not err in denying defendant's Speedy Trial Act motion; 18 U.S.C. Sec. 922(o) is a lesser included offense of 26 U.S.C. Sec. 5861(d), and defendant Mann's convictions on counts charging violations of both sections must be remanded with instructions to vacate one of the convictions; indictment gave adequate notice of the accusations and a bill of particulars filed in response to defendant's request did not amend the indictment; while three counts charging firearm violations were improperly joined with bombing and obstruction of justice counts, the joinder did not prejudice defendant; no error in denying defendant's motion to sever his case from his wife's prosecution as they were both charged with conspiracy and the evidence against his wife could have been admitted against defendant even if she had not been joined; evidence was sufficient to support defendant's conviction for using and conspiring to use a weapon of mass destruction; evidence was sufficient to support defendant's conviction for aiding and abetting use of weapon of mass destruction; the vehicle belonging to the victim in the bombing was used in commerce as that phrase is used in 18 U.S.C. Sec. 844(i) and the evidence was sufficient to support defendant's conviction; evidence was sufficient to support defendant's conviction for possessing unregistered grenades; evidence was sufficient to support defendant's conviction for obstruction of justice, and the instructions on these counts were proper; claims of constructive amendment of the indictment or fatal variance rejected; district court did not err in applying the cross-reference for attempted murder contained in Guidelines Sec. 3A1.2; no error in finding the victim was an "official victim" as defined by Guidelines Sec. 3A1.2; no error in imposing an enhancement for obstruction of justice under Guidelines Sec. 3C1.1 where defendant directed the assault of a federal inmate; the court did err in imposing an enhancement under Guidelines Sec. 2K2.1(b)(4) for possessing grenades with an altered serial number as the grenades were not manufactured with serial numbers; court erred in imposing an enhancement for possession of stolen firearms under Guidelines Sec. 2k2.1(b)(4), as there was no evidence that the grenades in question had been stolen. Judge Smith, concurring in part and dissenting in part.
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