121273P.pdf   01/28/2013  United States  v.  Viengxay Chantharath
   U.S. Court of Appeals Case No:  12-1273
                          and No:  12-1620
   U.S. District Court for the District of South Dakota - Sioux Falls   
   [PUBLISHED] [Riley, Author, with Beam and Colloton, Circuit Judges]
   Criminal case - Criminal law and Sentencing. Claim that there was
   variance between the single conspiracy charged and the proof rejected;
   officers' knowledge of defendant Chantharath' prior drug dealing and the
   suspicious activity associated with his motel room gave the officers
   reasonable suspicion to stop a vehicle after it left the motel and question
   its occupants; acts in furtherance of the conspiracy committed by one of
   the co-conspirators were admissible against Chantharath, and he was not
   entitled to an instruction limiting the jury's consideration of the evidence
   showing a co-conspirator possessed a firearm; no error in imposing
   mandatory minimum sentence under 21 U.S.C. Sec. 851(a) as the
   government gave Chantharath adequate notice of his eligibility for the
   sentence; no error in imposing a firearms enhancement against defendant
   Guzman-Ortiz, and his sentence was substantively reasonable.