United States Eighth Circuit

Defendant's sentence for distributing, and aiding and abetting the distribution of, crack cocaine within 1,000 feet of a school is affirmed where: 1) the timing of defendant's motion supported the government's argument that his motion for reassignment was judge-shopping, rather than reflecting concerns about judicial economy and the need to spare judges from compromising their philosophy of sentencing; 2) it was not unreasonable to require a third party desiring information about a defendant's sentencing proceedings to attend the sentencing hearings; and 3) that the district court did not explicitly address any policy disagreement with other sentencing courts did not convert the denial of variance into an abuse of discretion.

Appellate Information

• Decided 11/16/2010
• Published 11/16/2010

Judges

• Duane M. Benton

Court

• United States Eighth Circuit

Counsel