062360P.pdf   07/20/2007  USA  v.  Jay Todd Hessman
   U.S. Court of Appeals Case No:  06-2360
   U.S. District Court for the Northern District of Iowa - Cedar Rapids   
   [PUBLISHED] [Shepherd, Author, with Riley and Melloy, Circuit
   Judges]
   Criminal case - Sentencing. Speedy Trial Act claim rejected; panel
   would not overrule U.S. v. Bell, 573 F.2d 1040 (8th Cir. 1978) concerning
   the procedures for admitting testimony as to the statement of an alleged
   co-conspirator; no error in admitting evidence of prior drug-related
   convictions as the convictions went to the issues of knowledge and intent;
   no error in refusing to give defendant's proposed instruction on
   reasonable doubt as the court gave the approved Eighth Circuit model
   instruction; district court's refusal to grant a downward departure is
   unreviewable on appeal when the record shows the district court
   recognized its authority to depart and refuses to do so; district court's
   drug quantity calculation yielded a sentence within the guidelines range
   dictated by the jury's findings; no error in concluding defendant was a
   career offender as two of his prior convictions were properly found to be
   unrelated, separate offenses.