United States Eighth Circuit

A sentence for drug-related offenses is vacated and remanded pursuant to the government's challenge where the district court erred in: 1) granting defendant a four-level reduction for being a minimal participant under U.S.S.G. section 3B1.2(a); and 2) granting either a downward departure or, alternatively, a downward variance from the calculated advisory guidelines range based on defendant's extraordinary post-sentencing rehabilitation.

Appellate Information

• Decided 12/07/2007
• Published 12/07/2007

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Thomas J. Kangior, Special Assistant U.S. Attorney, argued, Joe W. Stecher, U.S. Attorney, on the brief, Omaha, NE, for Appellant.


• For Appellees:
  
• A. Michael Bianchi, argued, Omaha, NE, for Appellee.