United States Eighth Circuit

Sentence for drug crimes is affirmed where defendant's appeal of the upward departure from his sentencing guidelines range fell within the scope of his valid appeal waiver, and defendant has not shown that the sentence ultimately imposed was illegal or constituted a miscarriage of justice under existing applicable precedent, and thus the appeal must be dismissed.

Appellate Information

• Decided 08/14/2009
• Published 08/14/2009

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Floyd A. White, Jr., Kansas City, MO, argued, for appellant.


• For Appellees:
  
• Kathleen D. Mahoney, Asst. U.S. Atty., Kansas City, MO, argued (John F. Wood, U.S. Atty., on the brief), for appellee.