United States Eighth Circuit

Where defendant's wife's mental and physical health issues were shown to be life-threatening and his role in her care was shown to be irreplaceable, the district court did not err in finding that a downward departure from the Guidelines range was warranted under Guidelines section 5H1.6, and the court did not abuse its discretion in sentencing the drug convict to five years of probation, the conditions of which included house arrest with electronic monitoring.

Appellate Information

• Decided 12/17/2008
• Published 12/17/2008

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, JOHN R. GIBSON, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jim Y. Lynn, Asst. U.S. Atty., Jefferson City, MO, argued (Bradley J. Schlozman, U.S. Atty., Philip M. Koppe, Asst. U.S. Atty., Kansas City, MO, on the brief), for appellant.


• For Appellees:
  
• Theodore R. Naimy, Jr., Valley Village, CA, argued, for appellee.