United States Eighth Circuit

Defendant's embezzlement sentence is reversed where the district court's assertion in enhancing defendant's sentence that defendant's actions hindered drug task force agents from having adequate "drug buy" money was inaccurate, and this error was plain because there was no evidence that undercover drug task force work was actually impaired.

Appellate Information

• Decided 01/12/2010
• Published 01/12/2010

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Richard Derek Barlow, Gant & Barlow, Miklos A. Molnar, Van Buren, AR, for Appellant.


• For Appellees:
  
• Deborah Groom, Steven Northup Snyder, Sr., U.S. Attorney's Office, Fort Smith, AR, for Appellee.