United States Eighth Circuit

A 48-month, upward variance sentence for fraudulent use of an unauthorized access device is affirmed over a challenge to its reasonableness where the district court properly considered the applicable statutory factors in imposing the sentence, particularly the need to promote respect for the law, to provide just punishment, to afford adequate deterrence, and to protect the public from further crimes by the defendant.

Appellate Information

• Decided 01/07/2008
• Published 01/07/2008

Judges

• SHEPHERD, Circuit Judge., Before MELLOY, BEAM, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Matthew A. Radefeld, argued, St. Louis, MO, for appellant.


• For Appellees:
  
• Matthew T. Schelp, AUSA, argued, St. Louis, MO, for appellee.