United States Eighth Circuit

A sentence for knowingly and intentionally distributing cocaine base is reversed and remanded pursuant to the government's claim that it was unreasonable where a downward variance of 104 months from the lowest end of the applicable Sentencing Guidelines range was so great that it did not give appropriate deference to the congressional policy on career offenders, and other justifications did not support the variance either.

Appellate Information

• Decided 09/25/2006
• Published 09/25/2006

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Abbie Crites-Leoni, argued, Cape Girardeau, Missouri, for appellant Ass. U.S. Attorney.


• For Appellees:
  
• Michael A. Skrien, argued, Cape Girardeau, Missouri, for appellee Asst. Federal Public Defender.