United States Eighth Circuit

The district court's error in treating the US Sentencing Guidelines as mandatory was rendered harmless by the court's imposition of an alternative, discretionary sentence; however, the case must be remanded since the court did not impose an alternative sentence with respect to the fine imposed.

Appellate Information

• Decided 10/31/2005
• Published 10/31/2005

Judges

• HEANEY, Circuit Judge., Before MURPHY, HEANEY, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Richard O. McConville, West Des Moines, Iowa, for appellant.


• For Appellees:
  
• Sean R. Berry, Assistant U.S. Attorney, of Cedar Rapids, Iowa, for appellee.