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.
051064P.pdf 09/02/2005 United States v. Christopher Funchess
U.S. Court of Appeals Case No: 05-1064
Northern District of Iowa
[PUBLISHED] [Melloy, Author, with Heaney and Gruender, Circuit
Judges]
Criminal case - criminal law. Evidence was sufficient to support drug
conviction; district court did not abuse its discretion in denying
defendant's motion for new trial based on a claim the government
presented perjured testimony; there was insufficient evidence to support
the district court's computation of the base offense level as the evidence
did not show defendant was responsible for two kilograms of cocaine,
and the case must be remanded for resentencing; district court's decisions
to impose a firearm enhancement and an enhancement for a prior drug
conviction are affirmed; request for resentencing before a different judge
rejected.