Legal Opinion
United States v. Phelps
Court of Appeals for the Eighth Circuit
Decided August 5, 2008No. 07-2671PublishedCited by 74 opinions
1Opinion of the Court
BENTON, Circuit Judge.
Kelly Lee Phelps pled guilty to possession of pseudoephedrine with intent to manufacture methamphetamine, 21 U.S.C. § 841(a)(1). The district court 1 sentenced him to 84 months’ imprisonment (before credit for 6 months served). Phelps appeals, asserting sentencing errors. Having jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742, this court affirms.
I
At sentencing, the district court first reviewed the presentence report. Phelps objected to the three criminal history points assessed for his state conviction for possession of anhydrous ammonia (under U.S.S.G. §…
2Cases cited25 opinions
- United States v. OlanoSupreme Court of the United States · 1993
- Gall v. United StatesSupreme Court of the United States · 2007
- Rita v. United StatesSupreme Court of the United States · 2007
- Ring v. ArizonaSupreme Court of the United States · 2002
- Johnson v. United StatesSupreme Court of the United States · 1997
20 more not listed; retrieve them via the Exa API.
3Cited by74 opinions
- United States v. CallawayCourt of Appeals for the Eighth Circuit · 2014
- United States v. BattiestCourt of Appeals for the Eighth Circuit · 2009
- United States v. O'ConnorCourt of Appeals for the Eighth Circuit · 2009
- United States v. TimberlakeCourt of Appeals for the Eighth Circuit · 2012
- United States v. MooreCourt of Appeals for the Eighth Circuit · 2009
69 more not listed; retrieve them via the Exa API.