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May 20, 2005

Yet another big sentencing day for the 8th Circuit

The ever-active Eighth Circuit is not taking a casual Friday today: on its opinion page, I count another half-dozen notable criminal dispositions with some sentencing discussion.  Aided by the court's official summaries, here is a quick overview of what seem to be the most notable decisions today:

US v. Fogg, No. 04-2723 (8th Cir. May 20, 2005) (available here): Sentence affirmed [based in part on an appeal waiver and approving upward departure], but restitution order vacated and remanded for reconsideration. [PUBLISHED] [Bowman, Author, with M. Arnold and Gruender, Circuit Judges]

US v. Roy, No. 04-2310 (8th Cir. May 20, 2005) (available here): [Among other holdings,] counts of indictment alleging assault on a federal officer and assault with a dangerous and deadly weapon were multiplicitous, and one of the convictions must be vacated; ... defendant failed to meet his burden to show plain error under Pirani and was not entitled to resentencing under Booker; district court did not err in imposing a five-level enhancement under Guidelines Sec. 2A2.2(b)(3)(E). [PUBLISHED] [Wollman, Author, with Lay and Colloton, Circuit Judges]

US v. Velazquez, No. 04-2706 (8th Cir. May 20, 2005) (available here): Evidence was sufficient to support drug and firearm convictions; no error in denying motion in limine; defendant had adequate notice of the prosecution's intent to rely on prior convictions. [PUBLISHED] [Smith, Author, with Loken, Chief Judge, and Riley, Circuit Judge]

US v. Urkevich, No. 04-2244 (8th Cir. May 20, 2005) (available here): Discrepancy between indictment and instruction on carrying, using or possessing a firearm was not fatal and did not materially alter the offense for which defendant was charged; evidence was sufficient to support drug conspiracy and firearm convictions; defendant was not entitled to relief under Blakely or Booker as he could not establish that the district court would have imposed a lesser sentence under the new advisory sentencing scheme. [PUBLISHED] [Riley, Author, with Loken, Chief Judge, and M. Arnold, Circuit Judge]

May 20, 2005 at 01:52 PM | Permalink

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