United States v. Espinoza

The Eighth Circuit affirmed Defendant Espinoza and Tizoc's conviction and sentence for distributing methamphetamine and Espinoza's conviction for being a prohibited person in possession of a firearm. The court held that there was sufficient evidence to convict Espinoza and the district court did not abuse its discretion in denying him a new trial; based on the totality of the circumstances, the district court did not clearly err in finding that Espinoza voluntarily consented to the pat-down search and thus the district court did not clearly err in denying his motion to suppress evidence; the court declined to review Tizoc's ineffective assistance of counsel claims on direct appeal; the court rejected Espinoza's sentencing claim as meritless; the district court did not err by applying an importation and role enhancement to Tizoc's sentence; and the district court did not procedurally nor substantively err in sentencing Tizoc. View "United States v. Espinoza" on Justia Law