U.S. v. WINTERS

No. 04-3210.

416 F.3d 856 (2005)

UNITED STATES of America, Appellee, v. Stacy WINTERS, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 9, 2005.


Attorney(s) appearing for the Case

Mitchell D. Johnson, argued, Rapid City, SD, for appellant.

John E. Haak, Asst. U.S. Attorney, argued, Sioux Falls, SD (Gregg S. Peterman, Asst. U.S. Attorney, Rapid City, SD on the brief), for appellee.

Before MURPHY, HEANEY, and SMITH, Circuit Judges.


SMITH, Circuit Judge.

Stacy Winters pleaded guilty to voluntary manslaughter and use of a firearm in relation to a crime of violence in violation of 18 U.S.C. §§ 1112, 1153, 924(c). Under the United States Sentencing Guidelines, Winters was subject to a maximum sentence of 191 months' imprisonment. The district court1 ruled that the United States Sentencing Guidelines were not mandatory and sentenced Winters to 240 months' imprisonment...

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