DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
191862P.pdf 07/23/2020 United States v. Yancey Myers
U.S. Court of Appeals Case No: 19-1862
U.S. District Court for the District of North Dakota - Bismarck
[PUBLISHED] [Gruender, Author, with Wollman and Kobes, Circuit Judges]
Criminal case - Criminal law and sentencing. The court would not consider
defendant's arguments regarding ineffective assistance of counsel at
trial; evidence was sufficient to support defendant's convictions for
conspiring to distribute heroin and distributing a controlled substance
resulting in death; even if the court erred in admitting the out-of-court
statement of a co-conspirator, the error was harmless because the
government presented substantial admissible evidence to establish the
conspiracy; even if the district court erred in imposing a four-level
enhancement under Guidelines Sec. 2D1.1(b)(13) because the court used the
incorrect version of the Guidelines Manual, the error was harmless because
the court specified it would impose the same sentence with or without the
enhancement.