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.
064136P.pdf 08/08/2008 United States of America v. Stewart Jenkins
U.S. Court of Appeals Case No: 06-4136
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Smith, Author, with Murphy and Melloy, Circuit Judges]
Criminal case - Criminal law and sentencing. On remand from the
Supreme Court for further consideration in light of Kimbrough. The
district court committed a sentencing error under Kimbrough; however,
the error was harmless because defendant was sentenced to the statutory
minimum called for by one of the counts.
064136P.pdf 10/12/2007 United States of America v. Stewart Jenkins
U.S. Court of Appeals Case No: 06-4136
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Smith, Author, with Murphy and Melloy, Circuit
Judges]
Criminal Case - conviction and sentence. Sufficient evidence was
presented to support conviction for possession of cocaine base with
intent to distribute and possession of a firearm in furtherance of
drug trafficking based on evidence found on his person, evidence
linking him to apartment where drugs were found, and defendant's
display of firearm. District court did not err in considering cash
seized in calculating drug quantity for sentencing purposes, based
on evidence linking defendant to apartment.