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Eighth Circuit Affirms A Sentence of Probation For A Major Crack Dealer

By Douglas A. Berman

The Eighth Circuit recently issued a decision (available here) holding that a significant downward variance was appropriate for a defendant who pleaded guilty to distributing 102 grams of crack cocaine.  The defendant?s serious health conditions, along with extraordinary post-arrest rehabilitation, were apparently sufficient reasons to grant him a three-year term of probation in the form of home detention, rather than a sentence within a guidelines range of 60 months in accordance with the statutory maximum.  Here is a snippet of the Court?s decision:             The district court sentenced the defendant on March 22, 2007 to a three year term of probation to be ?served? at the City of Faith facility in Little Rock, Arkansas...continue to full post

Full post as published by Sentencing Law and Policy on July 29, 2008 (boomark / email).