United States Eighth Circuit

Sentence as a career offender for possession of crack cocaine with intent to distribute is reversed and remanded for the district court to consider whether defendant's earlier conviction for escape was a career-offender-qualifying escape from custody, or a non-qualifying failure to return or report to custody.

Appellate Information

• Decided 01/30/2009
• Published 01/30/2009

Judges

• DOTY, District Judge., Before MELLOY, and BENTON, Circuit Judges, and DOTY, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Brian S. Witherspoon, AFPD, of St. Louis, MO, for appellant.


• For Appellees:
  
• Thomas J. Mehan, AUSA, of St. Louis, MO, for appellee.