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073928P.pdf   10/22/2008  United States  v.  Damien Foxx
   U.S. Court of Appeals Case No:  07-3928
                          and No:  08-1009
                          and No:  08-1010
   U.S. District Court for the Western District of Missouri - Springfield   
   [PUBLISHED] [Melloy, Author, with Arnold and Benton, Circuit Judges]
Criminal Case - conviction and sentence. In consolidated appeals of three co-defendants convicted of conspiring to distribute 1000 kilograms or more of marijuana, evidence was sufficient to support conviction for conspiracy to distribute marijuana, conspiracy to commit money laundering, and criminal forfeiture of Damien Foxx. Sufficient evidence supported Willie Foxx's conviction, as a reasonable jury could conclude he could have reasonably foreseen the extent of the conspiracy. Sufficient evidence supported that Danny Osborne was involved in the conspiracy and could reasonably foresee the extent of the conspiracy, notwithstanding that he joined the conspiracy after the majority of the drugs were distributed. Judge Arnold dissents from the determination that Osborne's sentence be based on distribution that occurred before he joined the conspiracy.