United States Eighth Circuit
US v. Icaza, 06-2882, 06-2883, 06-3003
Sentences for conspiracy to commit interstate transportation of stolen property and interstate transportation of stolen property, as well as illegal reentry, are vacated and remanded where, in circumstances in which the defendants shoplifted from 407 separate Walgreens drug stores, the district court erred in treating each store as a separate victim for purposes of a number-of-victims sentence enhancement.
Appellate Information
- Decided 07/10/2007
- Published 07/10/2007
Judges
- GRUENDER, Circuit Judge., Before MELLOY, BOWMAN and GRUENDER, Circuit Judges.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- Counsel who presented argument on behalf of the appellant in 06-2882 was Mark A. Appleton of Aledo, Illinois; for the appellant in 06-2883 was Donovan S. Robertson of Rock Island, Illinois; and, for the appellant in 06-3003 was B. John Burns, Assistant Federal Public Defender, of Davenport, Iowa. Also appearing on the brief was Kevin Cmelik.
- For Appellees:
- Counsel who presented argument on behalf of the appellee was Clifford R. Cronk, III, Assistant U.S. Attorney, of Davenport, Iowa.