United States Eighth Circuit

Sentence for conspiracy to distribute and to possess with intent to distribute methamphetamine is reversed and remanded where: 1) the district court did not articulate any alternative sentence, and there was no clear indication on the record that the district court would have imposed the same sentence if defendant's legal argument had prevailed; 2) the district court did not state whether it would have chosen the same 160-month sentence if faced with a properly calculated advisory range of 135 to 168 months, and if the court had intended to impose "a sentence at the lower end" of the appropriately calculated range, defendant's sentence would be significantly less than 160 months; and 3) thus, the court's error of adding two extra criminal history points affected defendant's substantial rights.

Appellate Information

• Decided 10/10/2008
• Published 10/10/2008

Judges

Court

• United States Eighth Circuit

Counsel