United States Eighth Circuit

Defendant's identity theft sentence is affirmed where: 1) the district court could only consider the value of defendant's substantial assistance in reducing his mandatory two-year sentence for aggravated identity theft based on the government's 18 U.S.C. section 3553(e) motion; and 2) defendant did not file a motion for a departure nor request a departure orally at the sentencing hearing.

Appellate Information

• Decided 09/11/2009
• Published 09/11/2009

Judges

• PER CURIAM., Before LOKEN, Chief Judge, EBEL and CLEVENGER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Kurt Byron Glaser, argued, Minneapolis, MN, for appellant.


• For Appellees:
  
• David Genrich, AUSA, argued, Minneapolis, MN, for appellee.