United States Eighth Circuit

Defendant's sentence for possession with intent to distribute crack cocaine is affirmed where: 1) while Kimbrough permitted district courts to disagree with and vary from the amended crack cocaine guidelines, it did not require them to do so; 2) the district court's rejection of defendant's personal use testimony was not clearly erroneous; and 3) lying to obtain a lighter sentence was obstruction of justice under U.S.S.G. section 3C1.1, and the district court’s finding that defendant lied must be accepted unless clearly erroneous.

Appellate Information

• Decided 11/01/2010
• Published 11/01/2010

Judges

• James B. Loken

Court

• United States Eighth Circuit

Counsel