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.

064216P.pdf   12/17/2008  United States  v.  Mario Bueno
   U.S. Court of Appeals Case No:  06-4216
   U.S. District Court for the Western District of Missouri - Jefferson City   
   [PUBLISHED] [Wollman, Author, with John R. Gibson and Benton,
   Circuit Judges]
Criminal case - Sentencing. For the court's prior opinion affirming the defendant's drug conviction and remanding the matter for resentencing, see U.S. v. Bueno, 443F.3d 1017 (8th Cir. 2006). Based on the evidence presented at resentencing concerning defendant's wife's medical condition and his irreplaceable role in her care, the district court did not err in finding that a downward departure from the advisory Guidelines range was warranted under Guidelines Sec. 5H1.6, and the court did not abuse its discretion in sentencing defendant to five years of probation, the conditions of which included house arrest with electronic monitoring.