United States Eighth Circuit

Defendant's drug distribution sentence is affirmed where: 1) defendant waived the attorney-client privilege as to his discussions with his attorney during the plea agreement negotiations; 2) the district court told defendant the statutory range of punishment that he faced and informed him that the sentencing guidelines would be used in determining the ultimate sentence; 3) the plea agreement accurately described the procedure and requirements for obtaining a reduction for acceptance of responsibility and a downward departure for substantial assistance; 4) defendant's prior Iowa state conviction for indecent contact with a child qualified as a crime of violence; and 5) the district court properly applied an obstruction of justice enhancement because defendant obstructed justice when he fled from Iowa to Tennessee after he was arrested on drug charges and had begun cooperating with police.

Appellate Information

• Decided 10/08/2009
• Published 10/08/2009

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Mark C. Meyer, argued, Cedar Rapids, IA, for appellant.


• For Appellees:
  
• Mark Tremmel, AUSA, argued, Sioux City, IA, for appellee.