(Sioux City)–A Spirit Lake woman who pleaded guilty is U-S District Court to drug charges has had her sentenced reversed a second time by the U-S Court of Appeals for the Eighth Circuit.
48-year-old Donna Peterson had pleaded guilty to conspiracy to manufacture and distribute methamphetamine within a thousand feet of the Spirit Lake High School. Peterson was originally sentenced back in September, 2005 to 68 months’ imprisonment. The advisory sentencing guidelines provided for a sentencing range of 135 to 168 months.
The government appealed the sentence as unreasonable. On August 4th, 2006, the Court of Appeals vacated Peterson’s sentence, saying the district court relied on improper factors in sentencing Peterson below the advisory guidelines range. The court ordered the case remanded for resentencing.
At Peterson’s resentencing on October 6th, 2006, the district court again sentenced Peterson to 68 months’ imprisonment.
Last Thursday, the Eighth Circuit Court of Appeals again vacated the sentence and remanded it for resentencing, saying the District Court erred in finding Peterson’s assistance to authorities was “extraordinary”, thereby justifying the 68-month sentence.
The cast has not yet been scheduled for resentencing in accordance with the second Court of Appeals reversal.
