United States v. Janis, No. 20-1077 (8th Cir. 2021)Annotate this Case
The Eighth Circuit affirmed defendant's conviction and sentence for conspiracy to distribute methamphetamine and unlawfully possessing firearms. The court concluded that the district court did not plainly err by improperly vouching for witness credibility. Rather, the district court's explanation of Federal Rule of Criminal Procedure 35 clarified any confusion defense counsel may have created.
The court also concluded that the district court did not clearly err in calculating the drug quantity attributable to defendant at sentencing. Finally, the court concluded that the district court did not err in imposing the standard condition of supervised release which requires a supervised person, when directed by the probation officer, to notify a person that defendant may present a risk to that person. The court explained that this standard condition is neither unconstitutionally vague nor an impermissible delegation of power.