United States Eighth Circuit

Sentence for drug crimes is affirmed where: 1) district court did not err in assessing two additional points to defendant's criminal history score under Guidelines Sec. 4A1.1(d) as he committed the offense while on probation, despite his intervening deportation; and 2) defendant had three criminal history points and was thus ineligible for safety-valve relief under 18 U.S.C. sec. 3553(f).

Appellate Information

• Decided 04/10/2009
• Published 04/10/2009

Judges

• SMITH, Circuit Judge., Before MELLOY, BOWMAN, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Robert M. Christensen, Minneapolis, MN, for appellant.


• For Appellees:
  
• Kimberly A. Svendsen, Asst. U.S. Atty., Minneapolis, MN, for appellee.