DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
061893P.pdf 01/17/2007 United States v. Anthony Gentile
U.S. Court of Appeals Case No: 06-1893
and No: 06-2269
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Murphy, Author, with Loken, Chief Judge, and John
R. Gibson, Circuit Judge]
Criminal case - Sentencing. Sentencing court substituted its own views
for those of the Congress and the Sentencing Commission when it based
Anthony Gentile's sentence reductions on its general critique of the
pseudoephedrine tables rather than pointing to any specific circumstances
which might make their application unreasonable; none of the other
factors the court relied on to justify its downward variance provided
sufficient justification for the extent of the variance granted to Anthony;
variance for Sheila Gentile was also unwarranted as the family hardships
the court relied on were not outside the heartland of hardships incidental
to incarceration of a parent and care giver; sentence of one day and
probation when the lower end of the guidelines was 37 months was not
reasonable.