United States v. Wortham, No. 19-3334 (8th Cir. 2021)
Annotate this CaseThe Eighth Circuit affirmed Defendants Wortham and Williams' conviction for carjacking, distributing PCP, and possessing a short-barreled shotgun in furtherance of those offenses. The court concluded that defendants waived any arguments they may have had regarding the jury instructions. In this case, they and the government jointly proposed the instruction at issue and the district court did not modify the part of the instruction that defendants now complain about. The court also concluded that the evidence was sufficient to support Wortham's convictions for aiding and abetting carjacking and distributing PCP.
Court Description: [Arnold, Author, with Colloton and Kelly, Circuit Judges] Criminal case - Criminal case. Defendants specifically requested the instruction the district court gave on distributing PCP and had waived any claim that the instruction constructively amended the indictment; evidence was sufficient to support defendant Wortham's convictions for aiding and abetting carjacking and distributing PCP. Judge Kelly, dissenting.
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