United States Eighth Circuit

A sentence for burglary is affirmed where an upward departure based on a finding that defendant's criminal history category understated his criminal record and the likelihood he would recidivate was not an abuse of discretion, and the sentence was not unreasonable given defendant's personal characteristics, the circumstances of the offense, and the need to protect to public.

Appellate Information

• Decided 12/28/2006
• Published 12/28/2006

Judges

• BENTON, Circuit Judge., Before MURPHY, ARNOLD, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jana M. Miner, argued, Asst. Federal Public Defender, Pierre, SD, for appellant., Patrick Left Hand Bull, U.S. Penitentiary, Florence, CO, pro se.


• For Appellees:
  
• Randolph John Seiler, argued, Asst. U.S. Atty., Pierre, SD, for appellee.