United States v. John Edward Johnson

MURPHY, Circuit Judge.

Johnson pled guilty to robbery affecting interstate commerce, 18 U.S.C. § 1951, and use of a firearm during a violent crime, 18 U.S.C. § 924(c), reserving the right to appeal the denial of his motion to suppress his confession. He was sentenced to 233 months, and raised issues on appeal related to his statements to the police as well as sentencing. We affirmed the judgment of conviction but remanded for resentencing because the district court had departed upward without prior notice. U.S. v. Johnson, 121 F.3d 1141 (8th Cir.1997). On remand additional evidence was…