United States Eighth Circuit

A sentence for possession of a firearm by a convicted felon is affirmed where the sentence was: 1) procedurally reasonable, as the district court properly calculated the offense level and criminal history; and 2) substantively reasonable as the district court did not abuse its discretion in departing above the advisory range based on its finding that defendant, a repeat offender, posed a high risk of recidivism and showed unwillingness or inability to obey conditions of probation or parole.

Appellate Information

• Decided 09/16/2008
• Published 09/16/2008

Judges

• ERICKSON, District Judge., Before COLLOTON and SHEPHERD, Circuit Judges, and ERICKSON, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Katherine M. Menendez, AFPD, argued, Minneapolis, MN, for appellant.


• For Appellees:
  
• Tricia Annette Tingle, AUSA, argued, Minneapolis, MN, for appellee.