143828P.pdf   07/12/2016  United States  v.  Kenneth Borders
   U.S. Court of Appeals Case No:  14-3828
                          and No:  15-1648
                          and No:  15-1651
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Benton, Author, with Wollman and Shepherd, Circuit Judges] 
   Criminal case - Criminal law and sentencing. Based on the evidence in the 
   case, a reasonable jury could find a single conspiracy existed and that 
   each defendant was a knowing member of it; the evidence was sufficient to 
   support defendant Kyle's conviction for aiding and abetting transportation 
   of a stolen vehicle from Missouri to Florida (Count 2), but it was not 
   sufficient to support his conviction for aiding and abetting possession of 
   stolen goods found in a storage unit rented by his co-defendants (Counts 
   18, 20 and 25), and his convictions on those counts are vacated; 
   challenges to evidentiary rulings rejected; the district court did not err 
   in applying a sentencing enhancement under Guidelines Sec. 1B1.3(a)(1)(B) 
   for a loss in excess of $1 million; the court did not err in applying an 
   enhancement under Guidelines Sec. 2B1.1(b)(4) for being in the business of 
   receiving and selling stolen goods to defendants Borders and Dickerson; no 
   error in applying enhancements under both Guidelines Sections 2B1.1(b)(4) 
   and (14); no error in applying a leadership role enhancement under 
   Guidelines Sec. 3B1.1(a) or a sophisticated means enhancement under 
   Guidelines Sec. 2B1.1(10) in sentencing defendant Borders; Borders did not 
   receive a disparate sentence.