United States Eighth Circuit

In defendant's appeal from the district court's order granting the government's motion for a 12-month sentence reduction, the appeal is dismissed for lack of jurisdiction where, absent an unconstitutional motive, the extent to which a district court exercises its discretionary authority to depart downward was not subject to review.

Appellate Information

• Decided 12/30/2009
• Published 12/30/2009

Judges

• SHEPHERD, Circuit Judge., Before WOLLMAN, RILEY, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• William D. Massey, Memphis, TN, for appellant.


• For Appellees:
  
• Patrick C. Harris, AUSA, Little Rock, AR, for appellee.