United States Eighth Circuit

On remand from the Supreme Court, defendant's sentence of 442 months imprisonment is affirmed as, absent a government appeal or cross-appeal, the sentence should not have been increased despite the district court's plain error in failing to impose upon defendant the statutory mandatory consecutive minimum sentence of 25 years for one count.

Appellate Information

• Decided 08/13/2008
• Published 08/13/2008

Judges

• RILEY, Circuit Judge., Before MURPHY, HANSEN, and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Daniel L. Gerdts, argued, Minneapolis, MN, for appellant Carter., Kassius O. Benson, argued, Minneapolis, MN, for appellant Michael Greenlaw.


• For Appellees:
  
• David P. Steinkamp, Asst. U.S. Atty., argued, Minneapolis, MN, for appellee.