United States Eighth Circuit

Following a remand for reconsideration in light of Kimbrough, conviction for drug-related offenses is affirmed but the sentence is reversed and remanded where: 1) evidence gained from a Terry stop was admissible under the inevitable discovery doctrine; 2) the district court did not clearly err in imposing a sentence enhancement for obstruction of justice based on defendant's perjury at a suppression hearing; but 3) it was unclear from the sentencing record whether the district court would have granted defendant's request for a downward variance if the district court had known it could do so under Kimbrough.

Appellate Information

• Decided 05/05/2008
• Published 05/05/2008

Judges

• BYE, Circuit Judge., Before BYE, COLLOTON, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Frank Santiago, Iowa City, IA, for appellant.


• For Appellees:
  
• C.J. Williams, AUSA, Cedar Rapids, IA, for appellee.