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.
063831P.pdf 01/17/2008 United States v. Tyrone Sturdivant
U.S. Court of Appeals Case No: 06-3831
and No: 06-4063
U.S. District Court for the Northern District of Iowa - Ft. Dodge
[PUBLISHED] [Benton, Author, with Loken, Chief Judge, and Gruender,
Circuit Judge]
Criminal case - Criminal law and sentencing. Evidence was sufficient
to support defendant's conspiracy and drug distribution convictions;
challenges to certain evidentiary rulings rejected; district court did not
err in denying defendant's motion for new trial based on the government's
alleged violations of discovery orders and the Jencks Act as defendant
failed to show bad faith, prejudice or materiality; at sentencing, the
district court erred in not applying defendant's previous conviction
because the original information in the case was sufficient to put
defendant on notice of the government's intention to rely on the
conviction and an error in naming the state where the conviction was
obtained is a clerical error and was corrected before sentencing; case
remanded for resentencing.