United States Eighth Circuit

Sentence for drug crimes is affirmed where: 1) the district court did not abuse its discretion in departing upward for underrepresentaion of criminal history pursuant to U.S.S.G. sec. 4A1.3 as the court considered the appropriate factors and gave an adequate explanation for its decision to impose the upward departure; and 2) the court did not abuse its discretion in denying a downward variance as it properly weighed the factors warranting downward variance and those that militated against a departure.

Appellate Information

• Decided 07/20/2009
• Published 07/20/2009

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Chad D. Primmer, Council Bluffs, IA, for appellant.


• For Appellees:
  
• Kevin Craig Fletcher, AUSA, Sioux City, IA, for appellee.