United States Eighth Circuit

A sentence pursuant to a guilty plea to knowingly possessing methamphetamine with intent to distribute is affirmed where, because the decision to depart by levels is discretionary, the district court's decision to select the higher of two levels that encompassed the mandatory minimum sentence was procedural error.

Appellate Information

• Decided 11/07/2008
• Published 11/07/2008

Judges

• BYE, Circuit Judge., Before BYE, BEAM, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Angela L. Pitts, AFPC, Little Rock, AR, for appellant.


• For Appellees:
  
• Christopher D. Plumlee, AUSA, Fort Smith, AR, for appellee.