United States Eighth Circuit

Denial of defendant's motion for a sentence reduction pursuant to 18 U.S.C. section 3582(c)(2) is affirmed where: 1) the district court did not abuse its discretion in failing to explicitly state what sentence it would have imposed had Amendment 706 to the Sentencing Guidelines been in effect when defendant was originally sentenced; and 2) the district court's observation that defendant's 100-month sentence was the product of negotiation was an accurate reflection of the record and not speculation regarding what might otherwise have occurred.

Appellate Information

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

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Michael Skrien, AFPD, argued, Cape Girardeau, MO, for appellant.


• For Appellees:
  
• Abbie Crites-Leoni, AUSA, argued, Cape Girardeau, MO, for appellee.