United States Eighth Circuit

Sentence is affirmed where there is no basis to conclude the district court sentence conflicted with the Supreme Court's intervening decision in Gall as nothing in the court's pre-Gall cases impermissibly constrained the district court's discretion to grant at least a minor variance from the advisory guidelines range.

Appellate Information

• Decided 02/26/2009
• Published 02/26/2009

Judges

• COLLOTON, Circuit Judge., Before COLLOTON, BOWMAN, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Stephen C. Moss, Asst. Fed. Public Defender, Kansas City, MO (Raymond C. Conrad, Jr., Fed. Public Defender, on the brief), for appellant.


• For Appellees:
  
• Philip M. Koppe, Asst. U.S. Atty., Kansas City, MO (John F. Wood, U.S. Atty., on the brief), for appellee.