United States Eighth Circuit

District court's Sentencing of a defendant convicted of drug possession with intent to distribute and it's denial of defendant's motion to declare unconstitutional the statute establishing a mandatory minimum is affirmed where: 1) court did not commit plain error as it understood its authority to vary from the guidelines and the career offender guidelines; 2) the court did not impose a substantively unreasonable sentence; and 3) defendant lacked standing the challenge the constitutionality of 21U.S.C. Sec. 841(b)(1)(B)(iii).

Appellate Information

• Decided 08/24/2009
• Published 08/24/2009

Judges

• COLLOTON, Circuit Judge., Before COLLOTON, JOHN R. GIBSON, and BEAM, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• William M. Orth, argued, Minneapolis, MN, for appellant Gray., Robert M. Christensen, argued, Minneapolis, MN, for appellant Brown.


• For Appellees:
  
• Christian Sean Wilton, AUSA, argued, Minneapolis, MN, for Appellee.