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United States Eighth Circuit


US v. Wagner, 08-2993

Sentence for drug crimes is affirmed where the district court properly concluded that a downward variance of defendant's sentence below the amended guidelines range was not warranted where the statutory authority to reduce a defendant's sentence is constrained by: 1) the limiting provision of 18 U.S.C. sec. 3582(c)(2); and 2) the restriction on the extent of sentence reductions established in USSG sec. 1B1.10(b)(2)(A).

Appellate Information

  • Decided 05/05/2009
  • Published 05/05/2009

Judges

  • PER CURIAM., Before BYE, COLLOTON and GRUENDER, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Julie B. Hansen, AFPD and Jennifer L. Gilg, AFPD, Omaha, NE, for appellant.

  • For Appellees:
  • Joe W. Stecher, AUSA and Susan T. Lehr, AUSA, Omaha, NE, for appellee.
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