DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
072671P.pdf 08/05/2008 United States v. Kelly Phelps
U.S. Court of Appeals Case No: 07-2671
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Benton, Author, with Murphy and Arnold, Circuit Judges]
Criminal case - Sentencing. Nothing in the record overcame the
presumption that the sentencing judge was aware that the sentencing
courts were not to apply a presumption of reasonableness to the
Guidelines; district court did gave adequate consideration to the Section
3553(a) factors and adequately explained his reasons for his decisions;
severity of defendant's addiction and quality of assistance he would
provide his disabled child were proper considerations under Sec. 3553(a);
district court ruled on his requested departures; district court did not err
in considering prior drug conviction; sentence is not unreasonable.