Eighth Circuit continues its busy sentencing ways

The Eighth Circuit, which has produced more than 400 sentencing dispositions in less than nine months since Booker, continues its busy ways today with another half-dozen sentencing rulings.  Summaries of the various dispositions are available on this official opinion page.  Two cases especially caught my attention:

• In US v. O’Malley, No. 04-2912 (8th Cir. Oct. 4, 2005) (available here), a white-collar fraud case, the government succeeds a second time appealing a pre-Booker sentence it apparently considered too lenient.

• In US v. Mark, No. 04-3737 (8th Cir. Oct. 4, 2005) (available here), a possession of child pornography case, the court discusses diminished capacity departures and overturns special conditions of supervised release prohibiting access to any online computer programs and prohibiting the use or possession of a computer with Internet access.