062059P.pdf   07/13/2009  USA  v.  Kendrix D. Feemster
   U.S. Court of Appeals Case No:  06-2059
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Judge Smith, Author for the Court En Banc]
   Criminal case - Sentencing. For the court's prior opinions in the matter,
   see United States v. Feemster, 435 F.3d 881 (8th Cir. 2006) and United
   States v. Feemster, 483 F.3d 583 (8th Cir. 2007). On remand from the
   Supreme Court for further consideration in light of Gall v. United States,
   128 S.Ct. 586 (2007). The district court provided substantial insight into
   the reasons for its sentencing decision, and the government's argument
   that the court failed to adequately explain its chosen sentence is rejected;
   district court's justification for imposing a 120-month sentence rests on
   precisely the kind of defendant-specific determination that are within the
   special competence of the sentencing courts, and the court could not say
   that the district court abused its discretion or imposed an unreasonable
   sentence. Judge Riley, concurring. Judge Colloton, concurring. Judge
   Beam, dissenting. 
  
062059P.pdf   07/03/2008  USA  v.  Kendrix D. Feemster
   U.S. Court of Appeals Case No:  06-2059
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Riley, Author, with Beam and Smith, Circuit Judges]
   Criminal case - Sentencing. On remand from the Supreme Court of the
   United States for further consideration under Gall. The district court
   committed procedural error and abused its discretion in sentencing
   defendant to 120 months because, in attempting to explain its reasons for
   varying downward 240 months from the bottom of the applicable
   Guidelines range, the court gave significant weight to irrelevant factors
   (defendant's age, the absence of a weapon in his prior crimes and his
   completion of probation) and failed to support the extent of its variance
   with sufficient justifications.
  
062059P.pdf   04/25/2007  USA  v.  Kendrix D. Feemster
   U.S. Court of Appeals Case No:  06-2059
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Riley, Author, with Beam and Smith, Circuit Judges]
   Criminal case - Sentencing. District court erred in imposing a 120-
   month sentence when the advisory Guidelines range was 360 months to
   life; in setting the sentence, the court: (1) gave too much weight to
   defendant's relative youth at the time he committed this and his prior
   offenses, (2) improperly considered as ground for variance the absence
   of other aggravating factors that would have supported additional charges
   or enhancements, and (3) did not give sufficient weight to the need to
   avoid unwarranted sentencing disparities.