United States v. Jones, No. 12-1344 (8th Cir. 2012)
Annotate this CaseDefendant pled guilty to interference with interstate commerce through robbery by threats or violence; brandishing a firearm in furtherance of a crime of violence; felon in possession of a firearm; and escape from federal custody. Defendant subsequently appealed his sentence, arguing that the district court abused its discretion in imposing the same sentence on remand even though the career criminal enhancement no longer applied. The court concluded that the record showed that the district court imposed the sentence based on its careful evaluation of the 18 U.S.C. 3553(a) factors and therefore, the district court did not abuse its discretion in sentencing defendant to 384 months imprisonment.
Court Description: Criminal Case - sentence. After remand for sentencing without career offender enhancement, district court did not abuse its discretion in imposing same sentence, representing an upward variance of 90 months from the advisory guideline range. District court committed no procedural error and sentence was not substantively unreasonable, as the sentence was based on the district court's careful evaluation of section 3553(a) factors.
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