United States Eighth Circuit

A sentence for intentional damage to property is affirmed over a challenge to its reasonableness where the district court did not abuse its discretion in using defendant's jail misconduct as a basis both to deny a two-level decrease for acceptance of responsibility and to grant a four-level upward variance, and there was no other error with regards to the sentence.

Appellate Information

• Decided 12/11/2007
• Published 12/11/2007

Judges

• GRUENDER, Circuit Judge., Before LOKEN, Chief Judge, GRUENDER and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Gary G. Colbath, Jr., AFPD, argued, Rapid City, SD, for appellant.


• For Appellees:
  
• Mark E. Salter, AUSA, argued, Sioux Falls, SD (Gregg S. Peterman, AUSA, Rapid City, SD, on the brief), for appellee.