United States Eighth Circuit

A sentencing guidelines section 5K2.6 departure may be appropriate when the underlying offense is voluntary manslaughter. A conviction and sentence for voluntary manslaughter is affirmed over claims of error regarding: 1) erroneous denial of defendant's motion for a judgment of acquittal; 2) exclusion of evidence; 3) prosecutorial misconduct; 4) upward departures at sentencing; and 5) the reasonableness of the sentence.

Appellate Information

• Decided 07/03/2006
• Published 07/05/2006

Judges

• WOLLMAN, Circuit Judge., Before LOKEN, Chief Judge, WOLLMAN, and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Gary George Colbath, Jr., argued, Assistant Federal Public Defender, Rapid City, South Dakota (Jeffrey L. Viken, on the brief), for appellant.


• For Appellees:
  
• Mark Salter, argued, Assistant U.S. Attorney, Rapid City, South Dakota (Michelle G. Tapken and Gergg S. Peterman, on the brief), for appellee.