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142844P.pdf 07/06/2015 United States v. Lori Jenkins
U.S. Court of Appeals Case No: 14-2844
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Benton, Author, with Wollman and Smith, Circuit Judges]
Criminal case - Criminal law and sentencing. An error in the indictment
regarding the amount involved in defendant's prior shoplifting conviction
did not affect defendant's substantial rights and the evidence was
sufficient to show she had a prior felony conviction; district court's
supplemental instruction regarding the definition of a felony under
Nebraska law was a clear, neutral and accurate statement of the law and it
was not an abuse of the court's discretion to give it; the district court
did not err in applying the cross-reference to Guidelines Sec. 2A1.1, and
application of the enhancement does not violate Alleyne, Apprendi and
Blakely; evidence was sufficient to show the ammunition defendant
transferred to her son resulted in four deaths.