US v. Cruz-Zuniga, No. 08-3272
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.
Appeal from the United States District Court for the Eastern District of Missouri.
Submitted: April 5, 2009
Filed: July 1, 2009
Before RILEY, BENTON, and SHEPHERD, Circuit Judges..
Opinion by RILEY, Circuit Judge.