United States Eighth Circuit

Sentence for drug crimes is affirmed where: 1) this court's prior remand did not require the district court to grant defendant a 40 percent downward departure for substantial assistance as the remand was a general remand for resentencing and did not place any limitations on the discretion of the district court judge in resentencing; 2) the court did not abuse its discretion by refusing to grant more than a 20 percent reduction based on defendant's substantial assistance; 3) the court did not abuse its discretion by denying defendant's request for a downward variance based on his post-sentencing rehabilitation and the cost of his incarceration; and 4) defendant's sentence was not unreasonable.

Appellate Information

• Decided 07/02/2009
• Published 07/02/2009

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Alfredo G. Parrish, argued, Des Moines, IA, Leon F. Spies, on the brief, Iowa City, IA, for appellant.


• For Appellees:
  
• John H. Lammers, AUSA, argued, Sioux City, IA, for appellee.