United States Eighth Circuit

A sentence for conspiracy to commit commercial check fraud is vacated and remanded as unreasonable where, given that the guidelines took into account defendant's recidivism and his commission of the offense while incarcerated, the recommended range did not under-represent the seriousness of defendant's criminal history to such an extent as to justify imposing a sentence almost twice as long as the top of the advisory guideline range.

Appellate Information

• Decided 12/06/2007
• Published 12/06/2007

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Richard L. Hughes, argued, John C. Stratford, on the brief, Little Rock, AR, for appellant.


• For Appellees:
  
• Patricia S. Harris, AUSA, argued, Joe J. Volpe, AUSA, on the brief, Little Rock, AR, for appellee.