United States Eighth Circuit

Defendant's bank fraud sentence is affirmed where, after the district court announced it would adhere to its prior sentence enhancement and upward departure determinations, its request that the parties recommend sentences "within the Guidelines range" did not, without more, demonstrate that the court had forgotten that the Guidelines were advisory.

Appellate Information

• Decided 11/06/2009
• Published 11/06/2009

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, WOLLMAN and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Susan M. Hunt, Kansas City, MO, for appellant., Anthony A. Collier, Memphis, TN, pro se.


• For Appellees:
  
• Linda Parker Marshall, Asst. U.S. Atty., Kansas City, MO (Matt J. Whitworth, Acting U.S. Atty., on the brief), for appellee.