142307P.pdf   07/24/2015  United States  v.  Trey Boykin
   U.S. Court of Appeals Case No:  14-2307
   U.S. District Court for the Northern District of Iowa - Sioux City   
   [PUBLISHED] [Smith, Author, with Bye, Circuit Judge, and Schiltz, District 
   Judge] 
   Criminal case - Criminal law. In a kidnapping prosecution under 18 U.S.C. 
   Sec. 1201(a)(1),the indictment's failure to allege the kidnapping was "for 
   ransom or reward or otherwise" was not fatally insufficient - see Hayes v. 
   U.S., 296 F.2d 657 (8th Cir. 1961); the evidence was insufficient to 
   support defendant's conviction for conspiracy to distribute marijuana as 
   the first instance relied on by the government was no more than a 
   buyer-seller relationship and as to the claim that defendant was in a 
   conspiracy with others, such as his supplier and co-defendant, the record 
   was simply insufficient to support the existence of a conspiracy. Judge 
   Bye, dissenting.