United States Eighth Circuit

Sentence for drug possession and illegal reentry after deportation is affirmed where: 1) the district court did not abuse its discretion in departing upward from the advisory guideline range based on its finding that defendant's criminal history category substantially underrepresented the seriousness of his criminal history and risk of recidivism; and 2) the sentence was not unreasonable.

Appellate Information

• Decided 04/14/2009
• Published 04/14/2009

Judges

• MURPHY, Circuit Judge., Before MURPHY, MELLOY, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellees:
  
• Robert A. Kneif, AUSA, Sioux City, IA, for Plaintiff-Appellee., John P. Messina, AFPD, Des Miones, IA, for Defendant-Appellant.