CASE LAW UPDATE: Whether the district court should have departed downward on defendant’s sentence on a drug charge?
Defendant pleaded guilty to a drug offense. At sentencing, defendant requested that the court impose a downward departure. The district court declined to give defendant a downward departure. Defendant appealed. The Eighth Circuit Court of Appeals upheld the sentence on the grounds that the District Court did not fail to recognize its authority to impose a downward departure, and the sentence was substantively reasonable.
United States v. Gilbert, 20-1143, per curiam. Appealed from the United States District Court, Northern District of Iowa.
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.