United States Eighth Circuit

Following a guilty plea for conspiring to distribute methamphetamine,a decision structuring alternative sentences for alien-defendant conditioned upon her stipulation to voluntary removal after serving her sentence is reversed and remanded where: 1) the procedures used in imposing the alternative sentences constituted significant procedural error; and 2) the alternative sentences utilized involved a change of fact wholly within defendant's control, and thus distinct from post-Blakely alternative sentences which were entirely dependent on changes in the law.

Appellate Information

• Decided 05/22/2008
• Published 05/22/2008

Judges

• MELLOY, Circuit Judge., Before RILEY, MELLOY, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Abbie Crites-Leoni, argued, Cape Girardeau, MO, for appellant.


• For Appellees:
  
• Carter Collins Law, argued, St. Louis, MO, for appellee.