United States Eighth Circuit

A sentence for assault with a dangerous weapon is reversed and remanded for resentencing where: 1) defendant did not waive the right to pursue her arguments on appeal; 2) the district court abused its discretion in departing upward to criminal history category VI from category I based upon under-represented criminal history; and 3) the district court did not correctly apply the burden of proof when considering the absence of self defense as related to the conduct underlying a dismissed murder count at sentencing.

Appellate Information

• Decided 08/06/2008
• Published 08/06/2008

Judges

• MELLOY, Circuit Judge., Before MELLOY, BEAM, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jana Miner, AFPD, argued, Pierre, SD, for appellant.


• For Appellees:
  
• Mikal Gene Hanson, AUSA, argued, Pierre, SD, for appellee.