United States Eighth Circuit

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US v. Vaughn, 06-3626

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.