082539P.pdf   05/08/2009  United States  v.  Scott Moore
   U.S. Court of Appeals Case No:  08-2539
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Shepherd, Author, with Riley and Smith Circuit Judges]
   Criminal case - Sentencing. Denial of request for a downward departure
   was unreviewable in the absence of evidence that the district court had an
   unconstitutional motive or erroneously believed it did not have authority
   to grant a downward departure; claims that the district court failed to
   adequately consider the 3553(a) factors and failed to sufficiently explain
   its sentencing decision would be reviewed under a plain error standard as
   defendant did not raise the claims at sentencing; claims must be rejected
   as the court reviewed and considered the factors and gave ample
   explanation for the chosen sentence; sentence was not unreasonable.