United States v. Janis, No. 20-1077 (8th Cir. 2021)
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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.
Court Description: [Benton, Author, with Loken and Kelly, Circuit Judges] Criminal case - Criminal law and sentencing. The district court did not abuse its discretion or improperly vouch for witnesses by explaining Criminal Rule 35 after defense counsel made several references to it while cross-examining the government's witnesses; the district court did not clearly err by relying on trial testimony in calculating the drug quantity attributable to defendant for sentencing; 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, as this standard condition is neither unconstitutionally vague nor an impermissible delegation of power.
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