United States v. Harold Tobacco
Court of Appeals for the Eighth Circuit
1Opinion of the Court
BYE, Circuit Judge.
Harold Tobacco appeals his jury conviction by challenging the district court’s 1 jury instructions. He also challenges the district court’s refusal to grant a downward departure in sentencing. We affirm.
I
On September 2, 2004, defendant went to his aunt’s house and spent the evening with a group of people including his brother, cousin, niece, and her boyfriend. They became intoxicated; Tobacco and his brother had an altercation with his niece’s boyfriend. Tobacco’s cousin, niece, and her boyfriend left and started walking away along the road. After some time, Tobacco came…
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