Conviction for drug crimes is affirmed where: 1) the district court did not abuse its discretion in using Eighth Circuit Model Jury Instruction 4.05A on the credibility of cooperating witnesses as opposed to defendant’s proposed non-pattern instruction on the issue; 2) the court did not abuse its discretion by giving Model Instruction 3.11 on reasonable doubt; 3) the court did not err uin applying a preponderance of the evidence standard to determine the drug quantity attributable to defendant for sentencing purposes; 4) the court’s refusal to grant defendant a downward variance for acceptance of responsibility did not wrongfully punish him for exercising his constitutional right to stand trial; and 5) the court properly considered and applied the 18 U.S.C sec. 3553(a) sentencing factors and did not impose an unreasonable sentence.
Read US v. Cruz-Zuniga, No. 08-3272
Appellate InformationAppeal from the United States District Court for the Eastern District of Missouri.Submitted: April 5, 2009Filed: July 1, 2009
JudgesBefore RILEY, BENTON, and SHEPHERD, Circuit Judges..Opinion by RILEY, Circuit Judge.
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