DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
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.