United States Eighth Circuit

Defendant's drug conspiracy sentence is affirmed where: 1) the district court properly calculated defendant's new advisory Guidelines range, as required by 18 U.S.C. section 3553(a)(4), and accounted for the 15% substantial assistance downward departure the court previously granted; and 2) while the district court would have been within its discretion to consider further the crack versus powder cocaine disparity in arriving at defendant's sentence, the district court was not required to apply this consideration by lowering defendant's sentence further.

Appellate Information

• Decided 05/10/2010
• Published 05/10/2010

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• John Bishop, Cedar Rapids, IA, for Appellant.


• For Appellees:
  
• Charles J. Williams, AUSA, Cedar Rapids, IA, for Appellee.