United States v. Franklin, No. 12-1300 (8th Cir. 2012)
Annotate this CaseDefendant was sentenced to 216 months imprisonment for possession with intent to distribute methamphetamine. On appeal, defendant claimed that the district court procedurally and substantively erred by departing upwards 108 months under U.S.S.G. 5K2.2. The court held that the district court did not plainly err or abuse its discretion either in varying upwards or in departing upwards to a sentence of 216 months imprisonment. Nor did the district court plainly err in explaining the reasons for the variance or departure. The court also held that the sentence was not substantively unreasonable and the district court did not abuse its discretion.
Court Description: Criminal Case - sentence. District court's sentence of 108 months above advisory guidelines under USSG sec 5K2.2 and 2A2.2 after Franklin drove a truck into the path of a parked police care while intoxicated on methamphetamine and severely injuring police officer was in the form of a variance and was not an abuse of discretion. Ample evidence suggests Franklin knowingly risked injuring officers and although district court did not refer to Franklin's state of mind and whether he intended the injury, the court did not plainly err in explaining the reasons for the variance or departure. Sentence was not substantively unreasonable. [ October 01, 2012
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