United States v. David, No. 11-3193 (8th Cir. 2012)
Annotate this CaseDefendant Kirby David pled guilty to being a felon in possession of a firearm. The district court sentenced David to 72 months' imprisonment. David appealed, arguing that his sentence was substantively unreasonable and that the district court abused its discretion in imposing an upward variance. Specifically, David argued that the court gave undue weight to the sentence imposed for his previous felony conviction. The Eighth Circuit Court of Appeals affirmed, holding that the district court did not abuse its discretion in considering David's previous sentence as a "benchmark" for finding the punishment that was apparently necessary to deter David from repeating his criminal behavior.
Court Description: Criminal case - Sentencing. Upward variance was not an abuse of the district court's discretion.
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