United States Eighth Circuit

A sentence for document trafficking and aggravated identity theft is reversed and remanded where 18 U.S.C. section 1028A(b)(3) limits the amount of discretion district courts can exercise with respect to sentences for aggravated identity theft, and the Supreme Court's decisions Gall, Booker, and Rita do not allow district courts to ignore the limits placed upon their discretion by that section.

Appellate Information

• Decided 07/22/2008
• Published 07/22/2008

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• William Anders Folk, AUSA, argued, Rachel K. Paulose, AUSA, on the brief, Minneapolis, MN for Appellant.


• For Appellees:
  
• Katherine M. Menendez, AFPD, argued, Manny K. Atwal, on the brief, Minneapolis, MN, for Appellee.