Donald R. Smith v. United States, 206 F.3d 812 (8th Cir. 2000). · Go Syfert
Donald R. Smith v. United States, 206 F.3d 812 (8th Cir. 2000). Cases Citing This Book View Copy Cite
19 citation events (16 in the last 25 years) across 4 distinct courts.
Strongest positive: United States v. Melanie Lynn Bonine (ca8, 2015-02-19)
Top citers, strongest first. 16 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Melanie Lynn Bonine
8th Cir. · 2015 · confidence medium
In Smith v. United States, we explained that reliable evidence from a co-defendant’s trial that was presided over by the sentencing judge could be considered by the judge when ruling on a potential weapon enhancement — provided that the defendant was given notice of the proposed enhancement “and an opportunity to rebut or explain the evidence to be used against him.” 206 F.3d 812, 813 (8th Cir.2000) (per curiam).
cited Cited as authority (rule) United States v. Miell
N.D. Iowa · 2010 · confidence medium
Smith v. United States, 206 F.3d 812, 813 (8th Cir.2000) (per curiam).
discussed Cited as authority (rule) United States v. Nickolas Pratt
8th Cir. · 2009 · confidence medium
However, “the sentencing process does not carry the same -6- evidentiary protections guaranteed during a criminal trial.” United States v. Agboola, 417 F.3d 860, 865 (8th Cir. 2005) (quoting Smith v. United States, 206 F.3d 812, 813 (8th Cir. 2000) (per curiam)).
discussed Cited as authority (rule) United States v. Pratt
8th Cir. · 2009 · confidence medium
However, “the sentencing process does not carry the same evidentiary protections guaranteed during a criminal trial.” United States v. Agboola, 417 F.3d 860, 865 (8th Cir.2005) (quoting Smith v. United States, 206 F.3d 812, 813 (8th Cir.2000) (per curiam)).
discussed Cited as authority (rule) United States v. Victor GomezCoronado
8th Cir. · 2007 · confidence medium
“Because the sentencing process does not carry the same evidentiary protections guaranteed during a criminal trial, relevant, reliable evidence from a codefendant’s trial presided over by the sentencing judge may be considered in sentencing [the defendant] even though [the defendant] was not present, represented, or able to confront and cross-examine witnesses at his codefendant’s trial.” Smith v. United States, 206 F.3d 812, 813 (8th Cir.2000) (per curiam) (internal citations omitted).
discussed Cited as authority (rule) United States v. Quan Chau
11th Cir. · 2005 · confidence medium
Chandler v. Moore, 240 F.3d 907, 918 (11th Cir.2001) (admission of hearsay testimony at a capital sentencing hearing does not violate the Confrontation Clause so long as the defendant has an opportunity to rebut it); see also United States v. Zlatogur, 271 F.3d 1025, 1031 (11th Cir.2001) (holding that “the law of this Circuit clearly provides that reliable hearsay can be considered during sentencing”) (citing United States v. Wilson, 183 F.3d 1291, 1301 (11th Cir.1999)) (“ ‘A court may consider any information (including hearsay), regardless of its admissibility at trial, in determinin…
discussed Cited as authority (rule) United States v. Olusoji Michael Agboola
8th Cir. · 2005 · confidence medium
We have held “the sentencing process does not carry the same evidentiary protections guaranteed during a criminal trial.” Smith v. United States, 206 F.3d 812, 813 (8th Cir.2000) (per curiam); see Fed.
discussed Cited as authority (rule) United States v. Olusoji Agboola
8th Cir. · 2005 · confidence medium
Normally, we review a district court’s evidentiary decision for abuse of discretion, United States v. Walker, 393 F.3d 842, 848 (8th Cir. 2005); however, because Agboola did not object to Agent Klug’s alleged expert testimony, we review the decision (or lack thereof) for plain error, Roe v. Delo, 160 F.3d 416, 418 (8th Cir. 1998). -6- We have held “the sentencing process does not carry the same evidentiary protections guaranteed during a criminal trial.” Smith v. United States, 206 F.3d 812, 813 (8th Cir. 2000) (per curiam); see Fed.
cited Cited as authority (rule) United States v. Robert John Kane
8th Cir. · 2003 · confidence medium
Smith v. United States, 206 F.3d 812, 813 (8th Cir. 2000) (per curiam).
cited Cited as authority (rule) United States v. Juan Gabriel Rosas
8th Cir. · 2002 · confidence medium
Smith v. United States, 206 F.3d 812, 813 (8th Cir.), cert. denied, 531 U.S. 951 , 121 S.Ct. 355 , 148 L.Ed.2d 286 (2000).
discussed Cited as authority (rule) United States v. Roy Lee Russell
8th Cir. · 2000 · signal: cf. · confidence medium
See United States v. Mills, 987 F.2d 1311, 1316-17 (8th Cir.) (holding that Rule 32(c)(1) is satisfied where a sentencing judge, who also presides over a defendant’s trial, makes findings based on evidence presented at trial even though no additional evidence is introduced at sentencing), cert. denied, 510 U.S. 953 , 114 S.Ct. 403 , 126 L.Ed.2d 351 (1993); cf. Smith v. United States, 206 F.3d 812, 813 (8th Cir.) (per curiam) (holding that a sentencing judge may consider “reliable evidence from a codefendant’s trial presided over by the sentencing judge”), cert. denied, — U.S. -, 121 …
discussed Cited as authority (rule) United States v. Roy Lee Russell
8th Cir. · 2000 · signal: cf. · confidence medium
See United States v. Mills, 987 F.2d 1311, 1316-17 (8th Cir.) (holding that Rule 32(c)(1) is satisfied where a sentencing judge, who also presides over a defendant's trial, makes findings based on evidence presented at trial even though no additional evidence is introduced at sentencing), cert. denied, 510 U.S. 953 (1993); cf. -7- Smith v. United States, 206 F.3d 812, 813 (8th Cir.) (per curiam) (holding that a sentencing judge may consider "reliable evidence from a codefendant's trial presided over by the sentencing judge"), cert. denied, No. 00-6030, 2000 WL 1337176 (Oct. 16, 2000).
cited Cited "see" United States v. Markus Patterson
8th Cir. · 2025 · signal: see · confidence high
See Smith v. United States, 206 F.3d 812, 813 (8th Cir. 2000) (per curiam).
discussed Cited "see" United States v. Jermarl Jones
4th Cir. · 2014 · signal: see · confidence high
See Smith v. United States, 206 F.3d 812, 813 (8th Cir.2000) (per curiam) (finding no due process concern in use at sentencing of testimony from a codefendant's trial even though the defendant "was not present, represented, or able to confront and cross-examine witnesses at his codefendant's trial”).
discussed Cited "see" United States v. Tawfiq Wazwaz (2×)
8th Cir. · 2009 · signal: see · confidence high
See Smith v. United States, 206 F.3d 812, 813 (8th Cir.2000) (per curiam).
cited Cited "see" Terry J. Whittle v. United States
8th Cir. · 2000 · signal: see · confidence high
See Smith v. United States, No. 99-2441, 2000 WL 295113, at *1 (8th Cir. Mar. 22, 2000) (per curiam) (appellate review limited to issue specified in COA).
Retrieving the full opinion text from the archive…
Donald R. SMITH, Appellant,
v.
UNITED STATES of America, Appellee
99-2441.
Court of Appeals for the Eighth Circuit.
Mar 22, 2000.
206 F.3d 812
John William Simon, Jefferson City, Missouri, for appellant., D. Michael Green, Assistant U.S. Attorney, Kansas City, Missouri, for appellee.
Hansen, Heaney, Fagg.
Cited by 16 opinions  |  Published
PER CURIAM.

Donald R. Smith pleaded guilty to conspiracy to manufacture methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) & 846. At sentencing, Smith objected to facts in the presentence investigation report showing that a loaded handgun was found under the seat of the pickup Smith was driving when he was arrested. The court enhanced Smith’s sentence two levels relying on “the evidence which is in the record, particularly the record of the [co-defendant’s] trial” to conclude that Smith “possess[ed] a weapon within the meaning of the United States Sentencing Guidelines.” Smith did not file a direct appeal, but did challenge his conviction and sentence in a 28 U.S.C. § 2255 motion. The district court denied Smith’s motion, but granted a certificate of appealability on the narrow issue of whether the use of evi[*813] dence presented at his codefendant’s trial to enhance Smith’s sentence violated due process.

On appeal, the United States argues that Smith’s challenge is procedurally defaulted, but because the merits of the issue are “easily resolvable against [Smith] while the procedural bar issues are complicated,” we choose to address the merits, see Barrett v. Acevedo, 169 F.3d 1155, 1162 (8th Cir.) (en banc), cert. denied, — U.S. -, 120 S.Ct. 120, 145 L.Ed.2d 102 (1999), and we conclude that no due process violation occurred. Because the sentencing process does not carry the same evidentiary protections guaranteed during a criminal trial, see Williams v. New York, 337 U.S. 241, 246-47, 69 S.Ct. 1079, 93 L.Ed. 1337 (1949); United States v. Wise, 976 F.2d 393, 401 (8th Cir.1992); U.S. Sentencing Guidelines Manual § 6A1.3(a) & commentary (1997), relevant, reliable evidence from a codefendant’s trial presided over by the sentencing judge may be considered in sentencing Smith even though Smith was not present, represented, or able to confront and cross-examine witnesses at his codefendant’s trial, see United States v. Fetlow, 21 F.3d 243, 250 (8th Cir.1994). Due process requires only that Smith have notice of the proposed weapon enhancement, which he received in the presentence report, and an opportunity to rebut or explain the evidence to be used against him, which he exercised when he objected to the presentence report. See United States v. Beaulieu, 893 F.2d 1177, 1181 (10th Cir.1990); United States v. Villegas, 911 F.2d 623, 633 (11th Cir.1990); United States v. Notrangelo, 909 F.2d 363, 365-66 (9th Cir.1990). Because Smith received all the process that was due him, we affirm the district court’s denial of Smith’s § 2255 motion. We do not address Smith’s other claims because our review is limited to the issue certified for this appeal. See Harris v. Bowersox, 184 F.3d 744, 748 (8th Cir.1999), cert. denied, — U.S. -, 120 S.Ct. 840, 145 L.Ed.2d 706 (2000).