United States Eighth Circuit

District court could rely on conduct covered by a dismissed count in determining whether to impose an upward departure, as the dismissed count conduct was not an impermissible factor within the meaning of 18 U.S.C. section 3742(f)(2).

Appellate Information

• Decided 05/26/2004
• Published 05/26/2004

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, FAGG and BOWMAN, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Counsel who presented argument on behalf of the appellant was Terrence Cain of Little Rock, AR. Also appearing on appellant's brief was John W. Walker of Lillte Rock, AR.


• For Appellees:
  
• Counsel who presented argument on behalf of the appellee was Angele S. Jegley, AUSA, of Little Rock, AR.