United States Eighth Circuit

A sentence for drug- and firearm-related offenses is reversed where: 1) the district court erred in compelling the government to make a section 3553(e) motion for a departure based on substantial assistance; 2) it erred by granting a conditional Booker variance on a gun count's mandatory minimum sentence; and 3) it also erred by granting a conditional Booker variance on statutory, mandatory drug counts.

Appellate Information

• Decided 01/28/2008
• Published 01/28/2008

Judges

• MELLOY, Circuit Judge., Before MURPHY, MELLOY, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Shawn Wehde, Assistant U.S. Attorney, argued, Sioux City, IA, for Appellant.


• For Appellees:
  
• Patrick Thomas Perry, argued, Sioux City, IA, for Appellee.