U.S. v. Brunken; U.S. v. Whitlock (MLW No. 59739/Case No. 08-2488/08-2783 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Loken, C.J.) (1)Where a co-conspirator convicted of methamphetamine charges appealed her sentences, arguing that Gall v. United States invalidated the ...

Tagged with: Gall sentencing

U.S. v. Feemster (MLW No. 59353/Case No. 06-2059 – 26 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.) Where a district court on remand developed its reasoning for sentencing a defendant in a drug case to 120 months, a ...

Tagged with: Criminal Law Gall Reasonableness sentencing

After nearly 16 years in prison, Frank Harvey Jr. is making up for lost time and rebuilding relationships with his family and his friends. Convicted of a conspiracy to distribute one kilogram of crack cocaine, Harvey began serving what was to have been a 17½-year sentence in 1993. He was released in April 2008 after U.S. District Judge Donald Stohr, of the Eastern District of Missouri, reduced Harvey's sentence to 14 years. Harvey had already served 15 years and eight months, so he was credited for time served and released immediately.

Tagged with: 8th U.S. Circuit Court of Appeals Catherine Hanaway Crack Cocaine Gall Jim Woodward U.S. Sentencing Guidelines

Where a criminal defendant argued for resentencing in light of the intervening decision in Gall v. United States, nothing in pre-Gall cases constrained the district court’s discretion to grant at least a minor variance and nothing in the record showed ...

Tagged with: Criminal Law Gall sentencing