United States Eighth Circuit

A sentence for distributing cocaine base is vacated and remanded pursuant to the government's appeal where the district court placed too much weight on defendant's overstated criminal history in granting a 54% variance, while failing to consider the need to avoid unwarranted sentencing disparities, and thus, the sentence imposed was unreasonable.

Appellate Information

• Decided 11/02/2007
• Published 11/02/2007

Judges

• BENTON, Circuit Judge., Before BYE, BENTON, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Abbie Crites-Leoni, AUSA, argued, Cape Girardeau, MO, for appellant.


• For Appellees:
  
• Michael A. Skrien, FPD Cape Girardeau, MO, for appellee.