United States Eighth Circuit

Sentence for drug crimes is affirmed where: 1) defendant's due process rights were not violated as the due process clause does not require the government to prove by clear and convincing evidence the facts that produce a substantial increase in the advisory guidelines range, but rather by a preponderance of the evidence, even if the fact finding has an extremely disproportionate effect on a defendant's sentence; and 2) the court properly considered the 18 U.S.C. sec. 3553(a) sentencing factors and was not required to recite each factor at sentencing.

Appellate Information

• Decided 04/09/2009
• Published 04/09/2009

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David R. Mercer, Asst. Fed. Public Defender, Springfield, MO (Raymond C. Conrad, Jr., Fed. Public Defender, Kansas City, MO, on the brief), for appellant Manuel Villareal-Amarillas., Angela D. Acree, CJA Panel Atty., Springfield, MO, for appellant Juan H. Gonzalez.


• For Appellees:
  
• Robyn L. McKee, Asst. U.S. Atty., Springfield, MO (John F. Wood, U.S. Atty., Kansas City, MO, on the brief), for appellee.