United States v. Dieguez, No. 15-3371 (8th Cir. 2016)
Annotate this CaseDefendant pleaded guilty to one count of failure to register as a sex offender and then appealed his 21-month sentence. The court rejected defendant's claim that the district court procedurally erred by failing to give an explanation for the sentence and that the sentence is substantively unreasonable. In this case, defendant waived, on the record and in response to the district court's inquiry, any argument that the district court's explanation of its sentence at the hearing was inadequate. Furthermore, the district court did not abuse its discretion in sentencing defendant where the record reflects that the district court considered the 18 U.S.C. 3553(a) factors and determined that, particularly in light of defendant's previous violations of the registration requirement, the within-Guidelines sentence was appropriate. Accordingly, the court affirmed the judgment.
Court Description: Ericksen, Author, with Gruender and Kelly, Circuit Judges] Criminal case - Sentencing. Defendant waived any argument that the district court's explanation of his sentence was inadequate by waiving, in response to the court's inquiry on this precise question, any further elaboration of the court's reasons; sentence was not substantively unreasonable. [ May 26, 2016
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