United States Eighth Circuit

In a sentencing proceeding wherein the district court excluded defendant's conviction for contributing to the delinquency of a minor when calculating defendant's criminal history points for purposes of safety-valve relief, the sentence is reversed and remanded for re-sentencing where: 1) the calculation of criminal history points is not advisory under Booker; and 2) thus, the district court erred in finding the sentencing guidelines permitted it to treat defendant's offense as akin to a listed excluded offense without actually being similar to one.

Appellate Information

• Decided 06/10/2008
• Published 06/10/2008

Judges

• SMITH, Circuit Judge., Before WOLLMAN, BRIGHT, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Kevin C. Fletcher, AUSA, argued, Sioux City, IA, for appellant.


• For Appellees:
  
• Jason M. Finch, argued, Kevin J. McCoy, on the brief, Omaha, NE, for appellee.