United States Eighth Circuit

A sentence for drug- and firearm-related offenses is affirmed over the government's challenge where: 1) whether a decision to depart downward is considered a "procedural" aspect of "calculating the Guidelines range" or part of "substantive" reasonableness review, it was evident that the district court would have reached the same outcome under 18 U.S.C. section 3553(a), and there was no abuse of discretion in a conclusion that defendant's criminal history differed meaningfully from the active violent behavior often associated with defendants in criminal history category VI; and 2) there was no abuse of discretion in a conclusion that the crack cocaine guidelines yielded a sentence "greater than necessary" to achieve the purposes of section 3553(a).

Appellate Information

• Decided 01/16/2008
• Published 01/16/2008

Judges

• PER CURIAM., Before COLLOTON, BEAM, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• John Higgins, AUSA, argued, Omaha, NE. Appearing on the brief was Bruce W. Gillan of Lincoln, NE, for Appellant.


• For Appellees:
  
• Alan Stoler, argued, Omaha, NE, for Appellee.