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.