DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
171325P.pdf 09/12/2018 United States v. Calvin Bernhardt
U.S. Court of Appeals Case No: 17-1325
U.S. District Court for the District of North Dakota - Bismarck
[PUBLISHED] [Colloton, Author, with Smith, Chief Judge, and Murphy,
Circuit Judge]
Criminal case - Criminal law and sentencing. This opinion is issued by
Chief Judge Smith and Judge Colloton under 8th Cir. R. 47E. Evidence was
sufficient to support defendant's conviction for possession of counterfeit
currency in violation of 18 U.S.C. Sec. 472; the two counts of attempted
witness tampering were not multiplicitous as the two counts were charged
under different statutory provisions and required proof of different
elements; the district court's instruction on the elements of a crime
under 18 U.S.C. Sec. 1512(b) was not plainly erroneous; evidence was
sufficient to support defendant's conviction for attempted witness
tampering in violation of 18 U.S.C. Sec. 1512(b)(2)(B) and (b)(3);
evidence was not sufficient to support defendant's conviction for
attempted travel with intent to engage in illegal sexual conduct in
violation of 18 U.S.C. Sec. 2423(b)and(e) as the government failed to
prove defendant took a step towards completion of the offense, and his
conviction on that count is reversed; the matter is remanded for
resentencing on the remaining counts.