United States Eighth Circuit

Defendant's firearm possession conviction is reversed where the district court failed to inform defendant, prior to accepting his guilty plea, of the maximum sentence he could face if found to be an armed career criminal under 18 U.S.C. section 924(e), or of the court's obligation to calculate the applicable Sentencing Guidelines range and to consider such range, possible departures under the Sentencing Guidelines, and other sentencing factors under 18 U.S.C. section 3553(a).

Appellate Information

• Decided 09/21/2009
• Published 09/21/2009

Judges

• PER CURIAM., Before BYE, HANSEN, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Thomas F. Flynn, III, AFPD, argued, St. Louis, MO, for appellant.


• For Appellees:
  
• Allison Hart Behrens, AUSA, argued, St. Louis, MO, for appellee.