United States v. Gant, No. 12-3855 (8th Cir. 2013)
Annotate this CaseDefendant appealed his sentence and conviction for three counts of arson. The court affirmed the conviction and sentence, concluding that the district court did not abuse its discretion by admitting the prior-acts evidence where the evidence showed intent and lack of accident; the evidence was sufficient to support the verdict; and the district court did not abuse its discretion in departing upward in defendant's sentence under U.S.S.G. 5K2.0(a)(3) and the district court adequately considered the sentencing factors under section 3553(a).
Court Description: Criminal case - Criminal law and sentencing. No error in admitting prior-acts evidence; evidence was sufficient to support defendant's conviction on three counts of arson; no error in imposing an upward departure under Guidelines Sec. 5K2.0(a)(3); district court adequately considered the sentencing factors under 3553(a), including defendant's mental health issues, and did not err in imposing an upward variance. [ July 17, 2013
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