United States Eighth Circuit

Sentence for drug crimes is affirmed where: 1) denial of request for a downward departure under the Sentencing Guidelines is unreviewable as there is no evidence that the district court had an unconstitutional motive or erroneously believed it did not have authority to grant the departure; and 2) the court sufficiently considered the 18 U.S.C. sec. 3553(a) factors and adequately explained the chosen sentence.

Appellate Information

• Decided 05/08/2009
• Published 05/08/2009

Judges

• SHEPHERD, Circuit Judge., Before RILEY, SMITH, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• John Michael Lynch, St. Charles, MO, for appellant., Sirena Miller Wissler, AUSA, for appellant.