United States Eighth Circuit
US v. Judon, 05-4301, 06-1049, 05-4302, 06-1050
Defendants' conviction on counts including conspiracy to distribute crack and powder cocaine are affirmed over claims of error regarding denial of motions to suppress, for judgment of acquittal, and for new trials. However their sentences are vacated pursuant to the government's claim of error where the district court abused its discretion and reversibly erred when it varied under 18 U.S.C. section 3553(a) based solely on its rejection of the 100:1 drug quantity ratio between crack and powder cocaine.
Appellate Information
- Decided 01/05/2007
- Published 01/05/2007
Judges
- GRUENDER, Circuit Judge., Before LOKEN, Chief Judge, SMITH and GRUENDER, Circuit Judges.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- Jay E. Denne, argued, Sioux City, IA (John J. Bishop, Cedar Rapids, IA, on the brief), for appellants.
- For Appellees:
- Shawn S. Wehde, argued, Asst. U.S. Atty., Sioux City, IA, for appellee.