United States v. Howe

BEAM, Circuit Judge.

This case is before us upon remand from the United States Supreme Court for reconsideration in light of Yeager v. United States, — U.S. -, 129 S.Ct. 2360, 174 L.Ed.2d 78 (2009). In our previous decision we affirmed the district court’s 1 order denying Joshua Lee Howe’s motion to dismiss two counts in his indictment. United States v. Howe, 538 F.3d 820 (8th Cir. 2008), vacated, — U.S. -, 129 S.Ct. 2861, 174 L.Ed.2d 572 (2009) (mem.). We now hold that while Yeager alters our analysis of Howe’s appeal, it does not alter our initial holding. We therefore affirm.

I. BACKGROUND

A.…