United States Eighth Circuit

Sentence for drug offenses is affirmed where the government met its burden of proof in arguing for a sentence enhancement based on defendant's role as a manager or supervisor in the drug scheme, and the district court considered the appropriate factors and gave an adequate explanation for its decision to impose an upward departure.

Appellate Information

• Decided 01/21/2009
• Published 01/21/2009

Judges

• RILEY, Circuit Judge., Before WOLLMAN, BYE, and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• John P. Messina, argued, Des Moines, IA, for appellant.


• For Appellees:
  
• Daniel C. Tvedt, AUSA, argued, Cedar Rapids, IA, Kevin C. Fletcher I, AUSA, on the brief, Sioux City, IA, for appellee.