101607P.pdf   02/02/2011  United States  v.  Jil Resinos
   U.S. Court of Appeals Case No:  10-1607
   U.S. District Court for the Western District of Arkansas - Fayetteville   
   [PUBLISHED] [Per Curiam - Before the Court En Banc]
   Criminal case - Sentencing. The court en banc overturns United States
   v. Jenkins, 537 F>3d 894 (8th Cir. 2008), which held that in determining
   whether a mandatory minimum applied to a distribution offense, the
   district court can aggregate drug quantities from relevant conduct; this
   holding conflicts with the plain language of 21 U.S.C. Sec. 841(b), and
   the only quantities that may trigger a mandatory minimum sentence for a
   discrete violation of 841(a) are those involved in the count of conviction;
   defendant's sentence is vacated and his case is remanded for resentencing
   consistent with this opinion.
  
101607P.pdf   10/21/2010  United States  v.  Jil Resinos
   U.S. Court of Appeals Case No:  10-1607
   U.S. District Court for the Western District of Arkansas - Fayetteville   
   [PUBLISHED] [Benton, Author, with Loken and Hansen, Circuit Judges]
   Criminal case - Sentencing. Under this court's precedents, the district
   court did not err in including drug amounts from counts dismissed
   pursuant to a plea agreement as the dismissed counts were relevant
   conduct that was part of the same course of conduct or common scheme
   or plan as the offense of conviction; such dismissed relevant conduct can
   be aggregated to trigger a mandatory minimum sentence.