United States Eighth Circuit

Sentence for conspiracy to distribute and possess with intent to distribute, and knowingly and intentionally distributing, crack cocaine is reversed and remanded for resentencing where it was not possible to determine from the record whether the district court would have granted a downward sentence variance had it been aware of its authority to do so under Kimbrough.

Appellate Information

• Decided 06/04/2008
• Published 06/04/2008

Judges

• BYE, Circuit Judge., Before LOKEN, Chief Judge, WOLLMAN, and BYE, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jennifer L. Gilg, Shannon Patrick O'Connor, Omaha, NE, for appellant.


• For Appellees:
  
• Robert Francis Cryne, William W. Mickle, II, AUSA, Omaha, NE, for appellee.