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083272P.pdf   07/01/2009  United States  v.  Horacio Cruz-Zuniga
   U.S. Court of Appeals Case No:  08-3272
   U.S. District Court for the Eastern District of Missouri - Cape Girardeau   
   [PUBLISHED] [Riley, Author, with Benton and Shepherd, Circuit Judges]
Criminal case - criminal law and sentencing. District court did not err in using Eighth Circuit Model Jury Instruction 4.05A on credibility of cooperating witnesses as opposed to defendant's proposed non-pattern instruction on the issue; nor did the court err in giving Model Instruction 3.11 on reasonable doubt; district court may find drug quantity by a preponderance of the evidence for the purpose of applying sentencing enhancements; no error in denying request for acceptance of responsibility where defendant stood trial and denied the factual elements of guilt; district court properly considered and applied the 3553(a) sentencing factors and did not impose an unreasonable sentence.