United States v. Stoner, No. 14-3580 (8th Cir. 2015)
Annotate this CaseUndercover police pulled into a driveway while Stoner was loading his car with stolen goods during a residential burglary. Stoner leapt into his car, shoved it in reverse, and accelerated backward, ramming the unmarked police car as an officer tried to get out. He hit the car so hard his car partly jumped onto the hood of the police car. Accelerating forward, he hit the garage door and the house. Stoner resisted arrest, but was subdued. In a later search of Stoner’s bedroom, detectives discovered 20 9mm rounds and nine .45 caliber rounds of ammunition. Stoner pled guilty to being a felon in possession of ammunition, 18 U.S.C. 922(g)(1) and 924(a)(2). The Presentence Investigation Report calculated his total offense level as 17, his criminal history as category IV, making the guideline range of 37-46 months. The maximum sentence was 120 months. The district court sentenced Stoner to 108 months. The Eighth Circuit affirmed. The district court did not ignore the guidelines or Stoner’s acceptance of responsibility, but decided that in this case the guidelines did not accurately reflect Stoner’s history and conduct.
Court Description: Benton, Author, with Gruender and Beam, Circuit Judges] Criminal case - Sentencing. Defendant's sentence was not substantively unreasonable, given defendant's extensive criminal history, lack of respect for the law and the need to protect the public.
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