United States Eighth Circuit

Conviction and sentence for drug crimes is affirmed where: 1) the evidence was sufficient to show defendant was an unlawful user of marijuana; 2) the evidence was sufficient for a jury to reasonably conclude that defendant was an unlawful user of marijuana in possession of a firearm; and 3) even if the district court procedurally erred in granting the government's motion for an upward departure in his advisory guidelines range, the error is harmless and the sentence would be affirmed based on the district court's alternative decision to impose an upward variance based on the U.S.S.G. sec. 3553(a) factors.

Appellate Information

• Decided 07/10/2009
• Published 07/10/2009

Judges

• GRUENDER, Circuit Judge., Before WOLLMAN, MELLOY and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Angela Lorene Pitts, AFPD, argued, Fayetteville, AR, for appellant.


• For Appellees:
  
• Katrina E. Spencer, AUSA, argued, AR, Candace L. Taylor, AUSA, on the brief, Fort Smith, for appellee.