DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
081079P.pdf 12/08/2008 United States v. Federico Aleman
U.S. Court of Appeals Case No: 08-1079
and No: 08-2115
and No: 08-1173
U.S. District Court for the District of Minnesota - St. Paul
[PUBLISHED] [Murphy, Author, with Loken, Chief Judge, and John
R. Gibson, Circuit Judge]
Criminal case - criminal law and sentencing. District court did not err
in imposing an obstruction-of-justice enhancement on defendant Aleman
based on the court's finding he perjured himself at defendant Martinez's
trial; district court did not err in denying Aleman's request for an
acceptance-of-responsibility reduction as the imposition of the
obstruction-of-justice enhancement showed he had not accepted
responsibility; court's decision to reject the sentence called for in
Aleman's plea agreement was not unreasonable in light of his breach of
the agreement; defendant Martinez's Brady claim rejected; denial of
Martinez's request for a continuance was not an abuse of discretion; no
error in giving a willful blindness instruction; Jencks Act claim rejected;
prosecutor's reference in closing argument to "these guys" was a
reference to the defendants and not an improper comment on race or
nationality; defendant Yanka's sentence is vacated pursuant to United
States v. Williams, 527 F.3d 969 (8th Cir. 2008), and his case is remanded
for resentencing.