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Eighth Circuit closes week with two notable sentencing opinions

By Douglas A. Berman

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...continue to full post

Full post as published by Sentencing Law and Policy on October 10, 2008 (boomark / email).