United States Eighth Circuit

A sentence for possessing cocaine base (crack) with intent to distribute it is remanded for resentencing where: 1) in light of Kimbrough, the district court plainly erred by giving weight that the law does not require to congressional policy reflected in 18 U.S.C. section 841(b) when it determined the seriousness of defendant's offense, a significant "factor" under section 3553(a); and 2) the error affected his substantial rights.

Appellate Information

• Decided 08/14/2008
• Published 08/14/2008

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Shannon Patrick O'Connor, Chief Assistant, Federal Public Defender's Office, argued, Omaha, NE, for appellant., Antwain S. Davis, Omaha, NE, pro se.


• For Appellees:
  
• Nancy A. Svoboda, argued, U.S. Attorney's Office, Omaha, NE, for appellee.