United States Eighth Circuit

Defendant's access device fraud sentence is affirmed where: 1) the district court simply made no clearly erroneous factual determinations nor abused its discretion in an assessment of culpability; 2) any sentencing disparity was not "unwarranted" because defendant and his co-conspirator were not similarly situated defendants; and 3) the district court's comment was clearly and simply an explanation for why a within-range or shorter sentence would have been inadequate in this case.

Appellate Information

• Decided 05/14/2010
• Published 05/14/2010

Judges

• MELLOY, Circuit Judge., Before LOKEN, HANSEN, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Michael Dwyer, AFPD, argued, St. Louis, MO, for appellant.


• For Appellees:
  
• Reginald L. Harris, AUSA, argued, St. Louis, MO, for appellee.