United States Eighth Circuit

A sentence for interference with commerce by robbery is affirmed over a challenge to the imposition of a career-offender enhancement as: 1) defendant's prior robbery convictions did not occur on the same occasion, were not part of a common scheme or plan, and were not consolidated for sentencing; and 2) thus, the district court did not clearly err in finding that the prior convictions were unrelated.

Appellate Information

• Decided 12/18/2007
• Published 12/18/2007

Judges

• SMITH, Circuit Judge., Before BYE, BOWMAN, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Robert G. Kuchar, Asst. Fed. Public Defender, Kansas City, MO, argued (Raymond C. Conrad, Jr., Fed. Public Defender, on the brief), for appellant.


• For Appellees:
  
• K. Michael Warner, Asst. U.S. Atty., Kansas City, MO, argued (John F. Wood, U.S. Atty., on the brief), for appellee.