United States v. Bernhardt, No. 17-1325 (8th Cir. 2018)
Annotate this CaseDefendant was convicted and sentenced for attempted exploitation of a child, attempted receipt of images depicting sexual exploitation of a child, possession of counterfeit obligations, two counts of attempted witness tampering, and attempted travel with intent to engage in illicit sexual conduct. The Eighth Circuit rejected all of defendant's challenges to the convictions but one. The court held that there was insufficient evidence to support defendant's conviction for attempted travel. Therefore, the court remanded for resentencing based on the remaining five counts.
Court Description: Colloton, Author, with Smith, Chief Judge, and Murphy, Circuit Judge] Criminal case - Criminal law and sentencing. This opinion is issued by Chief Judge Smith and Judge Colloton under 8th Cir. R. 47E. Evidence was sufficient to support defendant's conviction for possession of counterfeit currency in violation of 18 U.S.C. Sec. 472; the two counts of attempted witness tampering were not multiplicitous as the two counts were charged under different statutory provisions and required proof of different elements; the district court's instruction on the elements of a crime under 18 U.S.C. Sec. 1512(b) was not plainly erroneous; evidence was sufficient to support defendant's conviction for attempted witness tampering in violation of 18 U.S.C. Sec. 1512(b)(2)(B) and (b)(3); evidence was not sufficient to support defendant's conviction for attempted travel with intent to engage in illegal sexual conduct in violation of 18 U.S.C. Sec. 2423(b)and(e) as the government failed to prove defendant took a step towards completion of the offense, and his conviction on that count is reversed; the matter is remanded for resentencing on the remaining counts.
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