Eighth Circuit back to its old ways

Continuing a long-standing pattern, the Eighth Circuit today again affirmed some above-guidelines sentences and vacated another below-guideline sentence (all of which shows up on this official opinion page).  The panel reversing the below-guideline sentence in US v. Miller, No. 06-2875 (8th Cir. May 2, 2007) (available here), included retired Justice Sandra Da yO’Connor (though Judge Smith wrote the opinion).  Basic details about the Miller case are available from this local news article.