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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Criminal Law : Sentencing – Upward Departure – Criminal History

Criminal Law : Sentencing – Upward Departure – Criminal History

Where the district court did not adequately explain and support its departure from the second lowest criminal history category to the highest for a sentence almost two and a half times higher than the sentence recommended by both parties in wire fraud case, the failure to explain the upward departure was a significant procedural error requiring remand.

Remanded; dismissed.

U.S. v. Sullivan (MLW No. 70394/Case No. 16-3163 – 9 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, District of South Dakota, Kornmann, J. (Neil Fulton, Pierre, South Dakota, Randall B. Turner, Pierre, South Dakota, and Bryan Dean, Pierre, South Dakota, for appellant) (Ann Marie Hoffman, Sioux Falls, South Dakota, for appellee).

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