United States v. Spears

RILEY, Circuit Judge.

After our earlier decision in this matter, United States v. Spears, 469 F.3d 1166 (8th Cir.2006) (en banc) (Spears J), the United States Supreme Court vacated and remanded the case for reconsideration in light of Kimbrough v. United States, 552 U.S.-, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007). See Spears v. United States, — U.S.-, 128 S.Ct. 858, 169 L.Ed.2d 709 (2008). Upon reconsideration, we vacate Section 11(C) of Spears I, and we reinstate the background and remainder of the Spears I analysis. Based upon the clarifications outlined below, we again reverse and remand for…