8th Circuit decides N.D. case Monday, May 1, 2023

The United States Court of Appeals for the Eighth Circuit has issued an opinion in a North Dakota case.

In United States v. Foster the court held that because the government moved for a departure under Section 3553(e), the district court could impose a sentence below the statutory mandatory minimum, but it could do so only based on defendant's substantial assistance; here, the district court improperly relied on 3553(a) factors in sentencing defendant below the minimum; the error is not harmless because the district court made no findings about the extent of defendant's assistance, and it is not possible to determine on appeal how much the district court would have departed downward from the statutory minimum had it properly relied only on assistance-related considerations; reversed and remanded for resentencing.

Read the court's opinion at http://media.ca8.uscourts.gov/opndir/23/04/222510U.pdf