092229P.pdf   02/16/2011  United States  v.  Colin Spotted Elk
   U.S. Court of Appeals Case No:  09-2229
                          and No:  09-2230
   U.S. District Court for the District of South Dakota - Rapid City   
   [PUBLISHED] [Murphy, Author, with Riley, Chief Judge, and John R.
   Gibson, Circuit Judge]
   Criminal case - Sentencing. For the court's earlier opinion in the
   matter, see United States v. Spotted Elk, 548 F.3d 641 (8th Cir. 2008).
   District court did not err in applying a weapons enhancement under
   Guideline Sec. 2D1.1(b)(1) when resentencing Spotted Elk; the district
   court erred when it held that the jury's finding for the total quantity of
   cocaine involved in the conspiracy controlled its quantity finding with
   respect to defendant Red Feather's individual involvement; however,
   based on Red Feather's testimony, the court did not err in concluding
   what amount was reasonably foreseeable and attributable to Red Feather.