United States Eighth Circuit

Sentence for mail theft is affirmed where: 1) district court's consideration of incident report during sentencing was not plain error as the report demonstrated sufficient indicia of reliability; 2) delegating the bond revocation hearing to a magistrate judge was not error, as the court did not rely on the magistrate judge's findings of fact; and 3) imposition of upward variance under the sentencing guidelines was not an abuse of discretion.

Appellate Information

• Decided 03/03/2009
• Published 03/03/2009

Judges

• GRUENDER, Circuit Judge., Before MURPHY, RILEY and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Zachary W. Peterson, argued, Aberdeen, SD, for appellant.


• For Appellees:
  
• Mark E. Salter, AUSA, argued, Sioux Falls, SD, Jeremy R. Jehangiri, on the brief, Pierre, SD, for appellee.