US v. Pepper, No. 09-1191
Sentence for drug crimes is affirmed where: 1) this court's prior remand did not require the district court to grant defendant a 40 percent downward departure for substantial assistance as the remand was a general remand for resentencing and did not place any limitations on the discretion of the district court judge in resentencing; 2) the court did not abuse its discretion by refusing to grant more than a 20 percent reduction based on defendant's substantial assistance; 3) the court did not abuse its discretion by denying defendant's request for a downward variance based on his post-sentencing rehabilitation and the cost of his incarceration; and 4) defendant's sentence was not unreasonable.
Appeal from the United States District Court for the Northern District of Iowa.
Submitted: May 14, 2009
Filed: July 2, 2009
Before RILEY, SMITH, and COLLOTON, Circuit Judges.
Opinion by RILEY, Circuit Judge.