143412P.pdf   05/01/2017  United States  v.  Derek Benedict
   U.S. Court of Appeals Case No:  14-3412
                          and No:  15-1014
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Murphy, Author, with Colloton and Benton, Circuit Judges] 
   Criminal case - Criminal law and sentencing. No error in denying defendant 
   Benedict's motion to sever; defendant failed to make the required Rule 
   16(b)(1)(C) disclosures about his expert and the district court did not 
   err in refusing to permit the expert to testify; in any event, the 
   proposed testimony was a thinly veiled comment on witness credibility and 
   it was not an abuse of discretion to refuse to admit it; evidence was 
   sufficient to support defendant Benedict's conspiracy conviction; 
   corporations can be awarded restitution under the Mandatory Victim 
   Restitution Act; amount of restitution ordered is affirmed; defendants 
   were bound by an evidentiary stipulation which established jurisdictional 
   elements of the charged offenses; no error in sentencing defendant 
   Carpenter as a career offender because his conviction for burglary 
   involving controlled substances qualifies as a crime of violence under the 
   residual clause of Guidelines Sec. 4B1.2(a)(2); defendant Benedict's two 
   prior convictions for third degree burglary in isolation of Minn. Stat. 
   Sec. 609.582, subd. 3 and for aiding and abetting third degree burglary 
   are crimes of violence under the residual clause of Guidelines Sec. 
   4B1.2(a)(2). 
  
143412P.pdf   03/02/2016  United States  v.  Derek Benedict
   U.S. Court of Appeals Case No:  14-3412
                          and No:  15-1014
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Murphy, Author, with Colloton and Benton, Circuit Judges] 
   Criminal case - Criminal law and sentencing. No error in denying defendant 
   Benedict's motion for a severance as the defendants were indicted for 
   their participation in the same conspiracy and their cases were properly 
   joined; defendant Benedict failed to comply with Fed. R. Crim. P. 
   16(b)(1)(C) regarding his proposed expert's testimony, and the court did 
   not err in rejecting the testimony; in any event, the testimony, which 
   went to the supposed unreliability of coconspirator testimony, was 
   properly rejected as improper comment on witness credibility; evidence was 
   sufficient to support Benedict's conspiracy conviction; no error in 
   imposing restitution on defendant Carpenter; challenge to stipulation 
   regarding jurisdiction rejected; no error in imposing career offender 
   enhancements under Guidelines Sec. 4B1.1 as defendants' convictions for 
   burglary qualified as crimes of violence under Sec. 4B1.2(a)(2). Judge 
   Colloton, concurring.