Defendant appealed his conviction and sentence for interstate transport of stolen property and witness tampering. Defendant challenged the sufficiency of the evidence supporting his conviction and argued that the district court erred in determining his sentence.
Where the jury was free to credit the testimony of defendant’s co-conspirator, there was sufficient evidence to convict defendant, and the district court did not err in denying defendant’s request for a downward adjustment for having a minor role in the conspiracy where the evidence showed that defendant actively participated in the burglaries and transportation of the stolen merchandise.
Judgment is affirmed.
U.S. v. Kirkendoll (MLW No. 79590/Case No. 21-3916 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.) Appealed from U.S. District Court, Western District of Missouri, Phillips, J. (Jane Francis, of Kansas City, MO for appellant) (Philip M. Koppe, AUSA, of Kansas City, MO for appellee)