United States Eighth Circuit

Sentence for drug-related offenses is reversed and remanded where: 1) the district court did not feel that it could vary from the sentencing guidelines when nothing "unusual or different" brought the case outside the general heartland of cases; but 2) Kimbrough v. US, 128 S. Ct. 558 (2007), made clear that sentencing courts can consider the crack/powder sentencing disparity "even in a mine-run case".

Appellate Information

• Decided 04/07/2008
• Published 04/07/2008

Judges

• BOGUE, District Judge., Before ARNOLD and COLLOTON, Circuit Judges, and BOGUE, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Michael D. Nelson, argued, Omaha, NE, For appellant.


• For Appellees:
  
• Sara E. Fullerton, AUSA, argued, Lincoln, NE, For appellee.