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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.