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U.S. v. LIVINGSTON

No. 92-3138.

1 F.3d 723 (1993)

UNITED STATES of America, Appellee, v. Darryl LIVINGSTON, aka Curtis Edwards, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 13, 1993.

Attorney(s) appearing for the Case

Willis L. Toney, Kansas City, MO, for appellant.

Kathryn M. Geller, Asst. U.S. Atty., Kansas City, MO, for appellee.

Before McMILLIAN, MAGILL and LOKEN, Circuit Judges.

McMILLIAN, Circuit Judge.

Darryl Livingston appeals the 120-month statutory minimum sentence imposed by the district court1 following his guilty plea to conspiring to distribute phencyclidine (PCP) and money-laundering. For reversal, Livingston argues that the district court erred in concluding it lacked authority to depart below the statutory minimum sentence without a government motion under 18 U.S.C. § 3553(e) specifically requesting...

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