United States Eighth Circuit

In case involving the sentencing of a defendant under United States Sentencing Guidelines section 5K1.1 and 18 U.S.C. section 3553(e), on remand from the Supreme Court for reconsideration in light of Gall v. United States, 128 S. Ct. 586 (2007), the sentence is affirmed where: 1) the government is under no obligation to apprise the district court with respect to the bases underlying its recommendation of a particular downward departure under 18 U.S.C. Section 3553(e) in the absence of a showing that its recommendation was based upon an unconstitutional motivation such as the defendant's race or religion; 2) Gall v. United States, 128 S. Ct. 586 (2007), has not affected the limitations imposed by section 3553(e) upon the district court's authority to impose a sentence below the statutory minimum; 3) the standard of appellate review laid down in Gall applies to the court's review of a sentence imposed under the provisions of section 3553(e) and the question for the appellate court is whether the sentence is substantively unreasonable; and 4) the sentence in this case, which had a major reduction, satisfied such standard.

Appellate Information

• Decided 08/20/2009
• Published 08/20/2009

Judges

• WOLLMAN, Circuit Judge., Before LOKEN, Chief Judge, BRIGHT, WOLLMAN, MURPHY, BYE, RILEY, MELLOY, SMITH, COLLOTON, GRUENDER, BENTON, and SHEPHERD, Circuit Judges, En Banc.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Shawn Wehde, AUSA, argued, Sioux City, IA, for appellant.


• For Appellees:
  
• R. Scott Rhinehart, argued, Sioux City, IA, for appellee.