United States Eighth Circuit

Sentence for aggravated sexual abuse and conspiracy to commit aggravated sexual abuse is vacated where the district court procedurally erred by substantially basing defendant's sentence on clearly erroneous factual findings, relying on Kane's postsentence rehabilitation, and otherwise failing adequately to explain defendant's unusually lenient sentence with sufficient justifications.

Appellate Information

• Decided 01/14/2009
• Published 01/14/2009

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jeffrey B. Jensen, AUSA, argued, St. Louis, MO, for appellant.


• For Appellees:
  
• Kevin Schriener, argued, St. Louis, MO, for appellee.