United States Eighth Circuit

A sentence for possession of pseudoephedrine with intent to manufacture methamphetamine is affirmed where: 1) contrary to defendant's claims, there was no procedural error under the Supreme Court's decisions in Gall and Rita, and the proper statutory factors were considered; 2) a denial of defendant's requested departures is unreviewable; 3) calculation of defendant's criminal history category was proper; and 4) the sentence was not substantively unreasonable.

Appellate Information

• Decided 08/05/2008
• Published 08/05/2008

Judges

• BENTON, Circuit Judge., Before MURPHY, ARNOLD, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Diane Dragan, AFPD, argued, St. Louis, MO, for appellant.


• For Appellees:
  
• Sirena Miller Wissler, AUSA, argued, St. Louis, MO, for appellee.