United States v. Underwood, No. 10-3161 (8th Cir. 2011)
Annotate this CaseAppellant pled guilty to wire fraud and was sentenced to 108 months imprisonment. Appellant argued that his son, who suffered from muscular dystrophy, required around-the-clock care that his wife could not provide by herself. At issue was whether the district court, in consideration of appellant's caretaker duties, erred in denying his request for a downward departure under U.S.S.G. 5H1.6, failed to properly consider the 18 U.S.C. 3553(a) factors, and imposed an unreasonable sentence by declining to vary below the Guidelines range. The court held that the district court correctly explained at sentencing that family circumstances were not a factor ordinarily considered when sentencing a defendant under the Guidelines. The court also held that the district court clearly considered appellant's son's medical condition and appellant's role as a caretaker as relevant factors under section 3553(a). The court further held that the sentence was not substantively unreasonable where the district court thoroughly considered appellant's role in caring for his son and therefore, affirmed the sentence.
Court Description: Criminal case - Sentencing. Because the district court neither had an unconstitutional motive nor erroneously believed it was without authority to grant a departure under Guidelines Sec. 5H1.6, the court would not review the decision denying the request for a downward departure; district court considered the 3553(a) factors defendant argued supported a lesser sentence; sentence was not substantively unreasonable.
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