Legal Opinion
Theus v. United States
Court of Appeals for the Eighth Circuit
Decided July 13, 2010No. 09-1015PublishedCited by 23 opinions
1Opinion of the Court
WOLLMAN, Circuit Judge.
Bud Theus III was convicted of conspiracy to distribute or possess with intent to distribute five kilograms or more of a mix-toe or substance containing cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and 846. In the order denying Theus’s motion for judgment of acquittal, the district court found a variance between the indictment and the proof, concluding that the evidence proved that Theus was part of a cocaine base (crack cocaine) conspiracy that was proven but not charged. Because Theus suffered no prejudice from the variance, however, the district court denied the…
2Cases cited9 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- United States v. Reynaldo Quesada Morales, United States of America v. Juan Felix TocaCourt of Appeals for the Eighth Circuit · 1997
- United States v. Marvin Wayne McGinnisCourt of Appeals for the Eighth Circuit · 1986
- King v. United StatesCourt of Appeals for the Eighth Circuit · 2010
- United States v. Corey HilliardCourt of Appeals for the Eighth Circuit · 2004
4 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- United States v. Robert McGowanCourt of Appeals for the Ninth Circuit · 2012
- Bass v. United StatesCourt of Appeals for the Eighth Circuit · 2011
- Johnson v. United StatesDistrict Court, N.D. Iowa · 2012
- Ralph Armstrong v. Ray HobbsCourt of Appeals for the Eighth Circuit · 2012
- Ronald Weaver v. United StatesCourt of Appeals for the Eighth Circuit · 2015
18 more not listed; retrieve them via the Exa API.