083146P.pdf   05/04/2009  United States  v.  Barry Boyce
   U.S. Court of Appeals Case No:  08-3146
   U.S. District Court for the Eastern District of Missouri - Cape Girardeau   
   [PUBLISHED] [Murphy, Author, with Hansen and Bye, Circuit Judges]
   Criminal Case - sentence. Following two remands for resentencing,
   district court sentenced Boyce to 262 months. District court did not erre
   in basing findings about quantity and type of drugs defendant sold on the
   testimony of witnesses, did not err in finding sufficient evidence that
   firearms were present and involved in the drug transactions, did not erre
   in finding defendant was a leader of criminal activity, and did not err in
   considering new evidence of criminal history. District court did not
   commit procedural error, as the court adequately considered the section
   3553(a) factors and did not give the advisory guidelines excessive weight. 
   Sentence was not substantively unreasonable. Sentencing was not
   procedurally defective based on any alleged misconduct by the
   government in failing to disclose evidence or witnesses or in relying on
   perjured testimony.