United States Eighth Circuit

A sentence imposed following defendant's guilty plea to possessing with intent to distribute cocaine base is vacated where, in light of Rita v. US, 127 S.Ct. 2456 (2007), the district court's application of a presumption of a reasonableness to the applicable guidelines range was a significant procedural error which was not harmless.

Appellate Information

• Decided 01/30/2008
• Published 01/30/2008

Judges

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

Court

• United States Eighth Circuit

Counsel

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


• For Appellees:
  
• Amy B. Marcus, Spec. Asst. U.S. Atty., Kansas City, MO, argued (John F. Wood, U.S. Atty., Philip M. Koppe, Asst. U.S. Atty., on the brief), for appellee.