United States Eighth Circuit

Conviction and sentence for being a felon in possession of a firearm and possession of cocaine base and marijuana with intent to distribute is affirmed over claims that the district court: 1) applied a presumption of reasonableness to the guidelines in violation of Rita v. United States, 127 S. Ct. 2456 (2007); and 2) procedurally erred by assuming its duty was to impose a reasonable sentence, instead of a sentence sufficient but not greater than necessary.

Appellate Information

• Decided 03/25/2008
• Published 03/25/2008

Judges

• BENTON, Circuit Judge., Before WOLLMAN, JOHN R. GIBSON, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Michael Dwyer, argued, St. Louis, MO, for appellant.


• For Appellees:
  
• Keith D. Sorrell, Asst. U.S. Atty., argued, Cape Girardeau, MO, for appellee.