United States v. Adam C. Risch, (8th Cir. 1997)
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United States Court of Appeals FOR THE EIGHTH CIRCUIT
No. 96-3488EM
United States of America, Appellee, v. Adam C. Risch, Appellant.
Submitted: March 5, 1997 Filed: March 11, 1997
Before McMILLIAN, FAGG, and LOKEN, Circuit Judges.
PER CURIAM.
In an earlier appeal, we affirmed Adam C. RischÂ’s drug conviction but remanded to permit the district court to consider whether RischÂ’s sentence should be reduced under an amendment to the Sentencing Guidelines. United States v. Risch, 87 F.3d 240, 243-44 (8th Cir. 1996). On remand, the district court sentenced Risch to the statutory minimum for an offense involving 100 or more marijuana plants. Although Risch did not raise the issue in his first appeal, Risch now challenges the number of marijuana plants attributed to him. Based on RischÂ’s failure to raise this issue in his original appeal, we will not consider RischÂ’s new claim. See United States v. Kress, 58 F.3d 370, 373-74 (8th Cir. 1995). We overrule RischÂ’s objection to the no-argument classification of this appeal.
We affirm RischÂ’s sentence.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
Appeal from the United States
District Court for the Eastern
District of Missouri.
[UNPUBLISHED]
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This document cites
- U.S. Court of Appeals for the Eighth Circuit - United States of America, Appellee, v. Adam C. Risch, Appellant., 87 F.3d 240 (8th Cir. 1996)
- U.S. Court of Appeals for the Eighth Circuit - United States of America, Plaintiff-Appellee, v. Lamont D. Kress, Defendant-Appellant., 58 F.3d 370 (8th Cir. 1995)
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