United States Eighth Circuit

A sentence for distribution of crack cocaine that was reduced after an adjustment to the sentencing guidelines is affirmed where the district court correctly determined that it lacked authority to reduce defendant's sentence to term of less than 130 months' imprisonment, and it was not error for the court to refuse to consider a further reduction based on section 3553(a) or to hold an evidentiary hearing for that purpose.

Appellate Information

• Decided 01/13/2009
• Published 01/13/2009

Judges

• COLLOTON, Circuit Judge., Before COLLOTON and SHEPHERD, Circuit Judges, and GOLDBERG, Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• John Vanderslice, argued, AFPD, Lincoln, NE, for appellant.


• For Appellees:
  
• Robert C. Sigler, argued, AUSA, Omaha, NE, Janice Lipovsky, on the brief, Special AUSA, Lincoln, NE, for appellee.