United States Eighth Circuit

Sentence for drug crimes is reversed and remanded for resentencing where: 1) it is unclear whether the district court analyzed defendant's request for a downward variance as a request for a downward departure; and 2) the court may not have properly considered the 18 U.S.C. sec. 3553(a) factors when addressing the variance. Additionally, circuit precedent concerning departures do not bind district courts when they are analyzing variance requests, and is merely persuasive authority on the question of granting a variance.

Appellate Information

• Decided 03/25/2009
• Published 03/25/2009

Judges

• BYE, Circuit Judge., Before BYE, JOHN R. GIBSON, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Alfred E. Willett, argued, Cedar Rapids, IA, for Appellant.


• For Appellees:
  
• Kevin Craig Fletcher, I, AUSA, argued, Sioux City, IA, Matthew Jeremy Cole, AUSA, Cedar Rapids, IA, on the brief, for Appellee.