United States Eighth Circuit

A sentence for and conspiring and possessing with intent to distribute methamphetamine is vacated where: 1) although the district court's reduction of defendant's sentence by the equivalent of six guideline ranges was not an abuse of discretion; nevertheless 2) it erred in further reducing defendant's sentence from 216 to 180 months, as when the government files a motion under 18 U.S.C. section 3553(e) for a reduction below the statutory minimum, the court cannot reduce the sentence further based on other factors unrelated to the assistance.

Appellate Information

• Decided 06/28/2007
• Published 06/28/2007

Judges

• COLLOTON, Circuit Judge., Before COLLOTON and GRUENDER, Circuit Judges, and GOLDBERG, Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jay E. Denne, Sioux City, IA, for appellant.


• For Appellees:
  
• Shawn Wehde, AUSA, Sioux City, IA, for appellee.