United States Eighth Circuit

For U.S.S.G. purposes, a state court indeterminate sentence is the maximum term the defendant may serve, and the district court correctly determined that a sentence imposed by an Oregon court, of not less than eight months and not more than five years, was a five-year sentence for the purposes of U.S.S.G. section 2L1.2(b)(1)(A).

Appellate Information

• Decided 12/23/2002
• Published 12/23/2002

Judges

• LOKEN, Circuit Judge., Before BOWMAN, RICHARD S. ARNOLD, and LOKEN, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Timothy J. Langley, argued, Sioux Falls, SD (Robert Van Norman, on the brief), for appellant.


• For Appellees:
  
• Michael E. Ridgway, argued, Asst. U.S. Atty., Sioux Falls, SD (Jeannine Huber, Asst. U.S. Atty., on the brief), for appellee.