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.
081331P.pdf 10/28/2008 United States v. Geno Webb
U.S. Court of Appeals Case No: 08-1331
and No: 08-1332
U.S. District Court for the Southern District of Iowa - Davenport
[PUBLISHED] [Wollman, Author, with Loken, Chief Judge, and
Smith, Circuit Judge]
Criminal case - Sentencing. District court may impose a sentence based
on a drug quantity determination greater than that found by the jury so
long as the sentence does not exceed the statutory maximum for the
offense and the court's calculation is supported by sufficient evidence;
here, where the jury found the defendants' conspiracy involved between 5
and 50 grams of crack, the district court could find that a preponderance
of the evidence established a conspiracy involving between 50 and 150
grams, and the court could base defendants' sentences on that amount.