United States Eighth Circuit

A sentence for drug-related offenses is vacated pursuant to the government's claims of error as to a downward variance where the district court gave significant weight to an improper factor by attempting to give defendant the benefit of a U.S.S.G. section 1B1.8 sentencing-immunity provision, despite the fact that the government and defendant did not include such a provision in their cooperation agreement.

Appellate Information

• Decided 11/30/2006
• Published 11/30/2006

Judges

• GRUENDER, Circuit Judge., Before WOLLMAN, RILEY and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Forde O. Fairchild, argued, Asst. U.S. Attorney, Sioux City, IA, for appellant., Korey L. Blackford, Oakdale, IA, pro se.


• For Appellees:
  
• Matthew M. Boles, argued, Des Moines, IA, for appellee.