United States Eighth Circuit

A sentence for unlawful possession of a firearm as a previously convicted felon is affirmed where, although the district court erred in applying a presumption of reasonableness to the sentencing guidelines, the government has met its burden to show that the procedural error did not substantially influence the outcome of the sentencing proceeding.

Appellate Information

• Decided 07/25/2008
• Published 07/25/2008

Judges

• COLLOTON, Circuit Judge., Before COLLOTON and SHEPHERD, Circuit Judges, and ERICKSON, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David R. Mercer, Asst. Fed. Public Defender, Springfield MO, argued (Raymond C. Conrad, Jr., Fed. Public Defender, Kansas City, MO, on the brief), for appellant.


• For Appellees:
  
• James J. Kelleher, Asst. U.S. Atty., Springfield, MO, argued (John F. Wood, U.S. Atty., Kansas City, MO, on the brief), for appellee.