United States Eighth Circuit

A sentence for being a felon in possession of a firearm and possession with intent to distribute marijuana is vacated and remanded for resentencing where: 1) the Guidelines expressly limit the extent of a departure to a single criminal history level when the district court determines that the offender's criminal history score is overstated; and 2) thus, the district court erred when it departed by five levels as none of the other factors it cited justified the extent of the departure at hand.

Appellate Information

• Decided 08/28/2007
• Published 08/28/2007

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Reginald Harris, AUSA, argued, St. Louis, MO, for appellant.


• For Appellees:
  
• Felicia A. Jones, AFPD, argued, St. Louis, MO, for appellee.