DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
041580P.pdf 06/01/2005 United States v. Brian White
U.S. Court of Appeals Case No: 04-1580
Eastern District of Missouri
Criminal Case - conviction. District court erred in interpreting
defendant's guilty plea as an admission of facts recited in a portion of the
indictment to which defendant explicitly denied admitting. Any errors,
however, did not affect substantial rights, as the district court relied on
other evidence to support drug quantity, leadership role and dates of the
conspiracy. The district court did not err in holding defendant
accountable for drugs he did not receive because the additional drugs
were in furtherance of the conspiracy and reasonable foreseeable. District
court's calculation of drug quantity was not clearly erroneous. Sentencing
error was not plain error. [PUBLISHED] [M. Arnold, Author, with Chief
Judge Loken and Murphy, Circuit Judges]