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May 9, 2005

Another busy sentencing day for the 8th Circuit

The Eighth Circuit, which has been recently been producing sentencing decisions at a steady clip as detailed here and here and elsewhere, continued to be productive by issuing at least a half-dozen criminal justice opinions today.  Below I have reprinted the Circuit's official description of two rulings which seemed most notable from the perspective of sentencing law and procedure:

US v. Brown, No. 04-2156 (8th Cir. May 9, 2005) (available here): Because Missouri withholds substantial civil rights from convicted felons, defendant had not been restored to sufficient civil rights to invoke the provisions of 18 U.S.C. Sec. 921(a)(20) and could be convicted of being a felon in possession of a firearm; defendant's prior drug convictions were "serious drug offenses," and he could be sentenced to the mandatory minimum under 18 U.S.C. Sec. 924(g)(1).

US v. SLW, No. 04-2715 (8th Cir. May 9, 2005) (available here): District court did not abuse its discretion in transferring juvenile for criminal prosecution as an adult; district court correctly applied the factors set out in 18 U.S.C. Sec. 5032; while magistrate judge erred in considering uncharged, unadjudicated conduct in making his report and recommendation, the district court corrected the error and did not consider that information in making its decision; hearsay rule does not apply at juvenile transfer proceedings, and the district court could consider hearsay evidence.

May 9, 2005 at 06:48 PM | Permalink


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