United States v. Deering, Sr., No. 13-2237 (8th Cir. 2014)
Annotate this CaseDefendant appealed his sentence after pleading guilty without a plea agreement to various drug and firearms offenses. The court concluded that the district court did not commit procedural error in applying a U.S.S.G. 5K1.1 departure, based on defendant's substantial assistance; there was no plain error when the government asked the district court to depart from the top of the advisory guidelines range and the government did not breach the cooperation agreement; and defendant's sentence was not substantively unreasonable where the district court carefully reviewed the sentencing record and carefully explained the sentence imposed. Accordingly, the court affirmed the judgment of the district court.
Court Description: Criminal Case - sentence. District court properly applied section 5K1.1. by granting downward departure for substantial assistance of 20% from top of guidelines range. The departure resulted in a sentence below the guideline range and the extent of a downward departure is not reviewable. Government did not breach the cooperation agreement. The district court carefully explained the sentence and did not abuse its discretion in its sentencing decision. The sentence is not is substantively unreasonable.
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