United States Eighth Circuit

Sentence for firearms possession is reversed and remanded where the district court erred in determining that defendant was an armed career criminal and thus subject to an enhanced sentence, and the matter is remanded for resentencing on the basis of the record already before the court.

Appellate Information

• Decided 08/13/2009
• Published 08/13/2009

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Mark E. Weinhardt, argued, William B. Ortman, on the brief, Des Moines, IA, for appellant.


• For Appellees:
  
• William C. Purdy, AUSA, argued, Clifford D. Wendel, AUSA, on the brief, Des Moines, IA, for appellee.