United States Eighth Circuit

Sentence for assault with a dangerous weapon is affirmed where: 1) the district court considered the appropriate factors and gave an adequate explanation for its decision to impose an upward departure; 2) the district court committed no plain error and was aware of and gave adequate consideration to defendant's history and characteristics pursuant to 18 U.S.C. section 3553(a); and 3) the sentence was not substantively unreasonable.

Appellate Information

• Decided 01/26/2009
• Published 01/26/2009

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Gregg C. Magera, Aberdeen, SD, for appellant.


• For Appellees:
  
• Thomas J. Wright, AUSA, Sioux Falls, SD, for appellee.