United States Eighth Circuit

Sentence for drug crimes is affirmed where: 1) the district court did not err in concluding defendant was not eligible for modification of his crack sentence under 18 U.S.C. sec. 3582(c) as his applicable Guidelines range was his career offender range and that range had not been lowered by Amendment 706; and 2) the court did not err in denying defendant's motion for a sentence reduction as his sentence was explicitly based on a stipulation between the parties and not on a sentencing range that had subsequently been lowered by the Sentencing Commission.

Appellate Information

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

Judges

• MURPHY, Circuit Judge., Before MURPHY, ARNOLD, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• James E. Ostgard, II, argued, Minneapolis, MN, for appellant.


• For Appellees:
  
• Michael L. Cheever, argued, Minneapolis, MN, for appellee.