United States Eighth Circuit

Sentence for possession with intent to distribute cocaine base is affirmed where the district court did not err in concluding that constructive possession of a weapon precluded safety valve relief from the statutory minimum sentence under U.S.S.G. section 5C1.2.

Appellate Information

• Decided 01/28/2009
• Published 01/28/2009

Judges

• Before LOKEN, Chief Judge, BEAM, and ARNOLD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Thomas F. Flynn, AFPD, St. Louis, MO, for Appellant.


• For Appellees:
  
• Thomas Joseph Mehan, AUSA, St. Louis, MO, for Appellee.