United States v. Grandon, No. 12-3298 (8th Cir. 2013)
Annotate this CaseDefendant pled guilty to possession of firearms by an unlawful user of controlled substances and possession of stolen firearms. On appeal, defendant challenged his sentence. The court concluded that the district court did not clearly err in finding, by a preponderance of the evidence, that defendant was involved in a shooting; the district court did not abuse its discretion in varying upward to 132 months imprisonment; and any error in alternatively imposing an upward departure was harmless because the district court would have imposed the same sentence absent the error. Accordingly, the court affirmed the judgment.
Court Description: Criminal case - Sentencing. The district court did not err in imposing an upward variance based on its finding, by a preponderance of the evidence, that defendant was involved in an uncharged shooting; additionally, the upward variance did not result in an unreasonable sentence; since the district court did not err in varying upward, any error in departing upward under Guidelines Sec. 4A1.3, which the court expressed as an alternative basis for the sentence, was harmless. [ May 16, 2013
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