United States v. White Book Reviews

United States v. White by Eighth Circuit U.S. Court of Appeals Book Summary

Appeal from the United States District Court for the District of South Dakota Submitted: October 19, 2000 Mark White appeals from a final judgment and sentence entered in the United States District Court 1 for the District of South Dakota upon a jury verdict finding him guilty of conspiracy to distribute methamphetamine in violation of 21 U.S.C. § 846 and possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841(a)(1). United States v. White, No. 99CR50033-002 (D.S.D. Apr. 10, 2000) (judgment). For reversal, White argues that the district court (1) erred in denying his motion to dismiss the indictment, (2) erred in denying his motion for judgment of acquittal based on insufficiency of the evidence, (3) abused its discretion in denying his motion for a new trial based on prosecutorial misconduct, and (4) clearly erred at sentencing in finding that he was not a minor participant in the drug conspiracy. For the reasons discussed below, we affirm the judgment of the district court. Jurisdiction Jurisdiction in the district court was proper based upon 18 U.S.C. § 3231. Jurisdiction on appeal is proper based upon 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a). The notice of appeal was timely filed pursuant to Fed. R. App. P. 4(b).

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