United States Eighth Circuit

A sentence for possession with intent to distribute cocaine base and possession of a firearm in furtherance of a drug trafficking crime is affirmed over claims that: 1) the district court erroneously believed it lacked authority to reduce the sentence on the firearm charge; 2) it failed to consider the factors in 18 U.S.C. section 3553(a) and the discrepancies between crack and power cocaine sentences; and 3) defendant was entitled to resentencing.

Appellate Information

• Decided 02/28/2008
• Published 02/28/2008

Judges

• MURPHY, Circuit Judge., Before LOKEN, Chief Judge, HANSEN and MURPHY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Joseph G. Bertogli, argued, Des Moines, IA, for appellant.


• For Appellees:
  
• Shannon L. Olson, AUSA, argued, Cedar Rapids, IA (Debra L. Scorpiniti, AUSA, on the brief, Des Moines, IA), for appellee.