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.
221455P.pdf 08/15/2023 United States v. Nora Guevara Triana
U.S. Court of Appeals Case No: 22-1455
and No: 222386
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Erickson, Author, with Loken and Colloton, Circuit Judges]
Criminal case - Criminal law. The district court did not err in denying
defendant Leichleiter's motion to withdraw his guilty plea; the district
court did not err in imposing a four-level enhancement under Guidelines
Sec. 2K2.1(b)(6)(B) for possessing firearms in connection with another
felony offense; the district court did not err when it refused to grant
Leichleiter's request for an acceptance-of-responsibility reduction where
he showed no remorse and attempted to withdraw his plea; the evidence was
sufficient to support defendant Guevera's conviction for aiding and
abetting kidnapping; while the jury instruction on kidnapping and aiding
abetting was not a model of clarity when it charged kidnapping and aiding
and abetting, it is clear beyond a reasonable doubt that a rational jury
would have found Guevara guilty absent the alleged error; with respect to
Guevera's claim that the district court erred in denying her request to
admit the full recording of her interview with law enforcement, she failed
to identify which portions were necessary to explain the admitted
portions, and the district court did not abuse its discretion in denying
her request.