United States Eighth Circuit

A sentence for conspiracy to possess with the intent to distribute methamphetamine is vacated and remanded as the district court's application of a two-level specific offense characteristic under U.S.S.G. section 2D1.1(b)(1), for possession of a dangerous weapon, and its denial of safety-valve relief, could not be upheld on the limited findings included in the record.

Appellate Information

• Decided 11/05/2007
• Published 11/05/2007

Judges

• COLLOTON, Circuit Judge., Before MURPHY, HANSEN, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Michael D. Nelson, Omaha NE, for appellant.


• For Appellees:
  
• Maria R. Moran, AUSA, Omaha NE, for appellee.