United States Eighth Circuit

A sentence for being a felon in possession of a firearm is vacated and remanded 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 an abuse of discretion, and the error 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:
  
• Troy K. Stabenow, Asst. Fed. Public Defender, Jefferson City, MO, argued (Raymond C. Conrad, Jr., Fed. Public Defender, Kansas City, MO, on the brief), for appellant.


• For Appellees:
  
• Philip M. Koppe, Asst. U.S. Atty., Kansas City, MO, argued (Bradley J. Schlozman, U.S. Atty., Kansas City, MO, Lawrence E. Miller, Asst. U.S. Atty., Jefferson City, MO, on the brief), for appellee.