United States Eighth Circuit

Sentence for drug crimes is affirmed where: 1) district court did not abuse its discretion in rejecting defendant's request for a downward departure of his sentence as there was no sentencing manipulation; and 2) the court did not abuse its discretion in refusing to grant a downward variance from the Sentencing Guidelines range based on the 18 U.S.C. sec. 3553(a) factors as its decision to deny defendant a variance and sentence him at the bottom of his Guidelines range was reasonable.

Appellate Information

• Decided 04/27/2009
• Published 04/27/2009

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Stephen W. Walburg, argued, Shakopee, MN, for appellant.


• For Appellees:
  
• Jeffrey Marc Bryan, AUSA, argued, Minneapolis, MN, for appellee.