United States v. McKay, No. 14-1398 (8th Cir. 2015)
Annotate this CaseMcKay was indicted for aggravated sexual abuse of a child by force, 18 U.S.C. 2241(a), and aggravated sexual abuse of a child under age 12, section 2241(c), concerning the granddaughter of the woman with whom McKay lived. McKay pleaded guilty to two counts of abusive sexual contact. The indictment was dismissed. The plea agreement recited that McKay knew the victim’s age, that he used threat and force, and that because of a 2002 conviction for the murder of his seven-week-old son, he was required to register his address and not have contact with children. The court indicated that it was considering an upward departure from the Guidelines range. Neither party submitted arguments. The PSR calculated an advisory Guidelines range of 100 to 125 months’ imprisonment, noted McKay’s history of repeated probation violations and failure to comply with registration requirements. Because the grandmother was away from home or asleep when the incidents occurred, the PSR advised that the victim was in McKay’s “custody, care[,] and supervisory control.” The district court adopted the PSR’s facts and Guidelines range without objection, rejected a joint recommendation, and imposed term of 360 months with lifetime supervised release. The Eighth Circuit found the sentence substantively reasonable.
Court Description: Criminal case - Sentencing. The unobjected-to facts in the presentence report supported an upward departure, and the district court's comments in the Statement of Reasons did not establish that the court fundamentally misunderstood the facts of defendant's case; the district court adequately explained its sentencing decision and meaningfully articulated its consideration of the 3553(a) factors.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.