United States Eighth Circuit

Defendant's firearm possession sentence is affirmed where: 1) a review of defendant's criminal history convinced the circuit court that the district court did not err when it increased his offense level by two levels and sentenced him to 240 months' imprisonment; 2) the district court did not err by independently considering the applicable Guidelines range and the government's upward departure motion; and 3) defendant's contention that the district court ignored the discretionary nature of U.S.S.G. section 4A1.3(a)(1) was unsupported by the record.

Appellate Information

• Decided 03/03/2010
• Published 03/03/2010

Judges

• SMITH, Circuit Judge., Before RILEY, SMITH, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

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


• For Appellees:
  
• Forde Fairchild, AUSA, Sioux City, IA, for appellee.