United States Eighth Circuit

Defendant's drug distribution sentence is affirmed where: 1) it was not error for the district court to consider whether a particular sentence would be reversed on appeal; and 2) because defendant was sentenced as a career offender under U.S.S.G. section 4B1.1, his offense level was determined by the statutory maximum penalty for the offense of conviction, not by section 2D1.1 and its crack-powder ratio.

Appellate Information

• Decided 10/20/2009
• Published 10/20/2009

Judges

• COLLOTON, Circuit Judge., Before MELLOY, BEAM, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• John P. Messina, AFPD, argued, Des Moines, IA, for appellant.


• For Appellees:
  
• John H. Lammer, AUSA, argued, Shawn Wehde, AUSA, on the brief, Sioux City, IA, for appellee.