Eighth Circuit

CRIM DEF - SENTENCE - FEDERAL COURT MAY NOT CONDITION LOWER SENTENCE ON DEFENDANT'S STIPULATION TO REMOVAL
United States v. Desantiago-Esquivel, 526 F.3d 398 (8th Cir. May 22, 2008) (federal alternative sentence, for conviction of conspiracy to distribute 50 grams or more of methamphetamine, of 36 months in prison if defendant stipulated to removal, and 99 months in prison, if she did not, was held procedurally unreasonable, since 18 U.S.C. 3551(b) does not authorize imposition of alternative sentences: " District courts imposed alternative sentences only after Blakely in the event that the Guidelines were found unconstitutional. See United States v. White, 439 F.3d 433, 434-35 (8th Cir. 2006) (discussing the district court's imposition of alternate sentences). Further, the type of alternative sentences used in this case involves a change of fact-if Desantiago-Esquivel voluntarily stipulates to removal-that is wholly in Desantiago-Esquivel's control, that occurs after sentencing, and that has significant legal consequence without any judicial oversight. This is distinct from the post-Blakely alternative sentences that were wholly dependent on changes in the law.").