United States Eighth Circuit

Defendant's sentence for making a false, fraudulent and fictitious material statement and representation within the jurisdiction of the Department of Homeland Security is vacated where the district court erred in determining the sentencing range under the sentencing guidelines, and the government could not show the error was harmless.

Appellate Information

• Decided 03/03/2006
• Published 03/03/2006

Judges

• GRUENDER, Circuit Judge., Before BYE, BEAM and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David E. Mullin, argued, Cedar Rapids, Iowa, for appellant.


• For Appellees:
  
• Robert Lee Teig, Asst. U.S. Attorney, Cedar Rapids, Iowa, for appellee.