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October 10, 2008

Eighth Circuit closes week with two notable sentencing opinions

The Eighth Circuit issued two notable sentencing opinions today, and here are the unofficial summaries from the Circuit's website:

United States v. Spikes, No. 08-1489 (8th Cir. Oct. 10, 2008) (available here):

[Hansen, Author, with Riley and Melloy, Circuit Judges] Criminal case -- sentencing.  Neither case law nor the guidelines permit the court to count a deferred prosecution with conditions that could lead to a dismissal prior to entry of a guilty plea as a criminal justice sentence for purposes of Guidelines Sec. 4A1.1(d), and the district court erred in imposing two criminal history points under the Guidelines; the court could not say that the error was harmless and the matter must be remanded for further proceedings.

United States v. Garate, No. 06-1667 (8th Cir. Oct. 10, 2008) (available here):

[Hansen, Author, with Murphy and Smith, Circuit Judges]  Criminal case -- Sentencing. On remand from the United States Supreme Court for reconsideration under Gall.  For the court's earlier opinion, see U.S. v. Garate, 482 F.3d 1013 (8th Cir. 2007), vacated, 128 S.Ct. 862 (2008).  Thirty-month sentence was not substantively unreasonable as the court considered the relevant factors under 18 U.S.C. Sec. 3553(a) and gave detailed reasons for sentencing defendant below the advisory guidelines range.

October 10, 2008 at 11:31 AM | Permalink


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Well, both of those seem entirely reasonable to me.

The first might have been more interesting had the government preserved its continued supervision argument.

Posted by: Soronel Haetir | Oct 10, 2008 12:27:02 PM

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