United States Eighth Circuit

Conviction and sentence based on guilty plea to illegally reentering the U.S. after defendant was deported subsequent to his conviction for commission of an aggravated felony is affirmed as the district court did not abuse its discretion by varying upward and imposing a 60-month non-Guidelines sentence.

Appellate Information

• Decided 09/13/2007
• Published 09/13/2007

Judges

• HANSEN, Circuit Judge., Before MURPHY, HANSEN, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• John P. Messina, argued, Des Moines, IA, for appellant.


• For Appellees:
  
• Robert L. Tieg, AUSA, argued, Cedar Rapids, IA, Michael M. Hobart, AUSA, on the brief, Sioux City, IA, for appellee.