United States v. Wrice, No. 15-3772 (8th Cir. 2017)
Annotate this CaseDefendant appealed his 108 month sentence, arguing that the district court gave significant weight to an improper factor in determining his sentence. In this case, the court explained that it need not decide the incongruity between defendant's child care and his proven out-of-state drug distribution, and whether it would be an improper factor to consider. The court found that the district court's remark did not indicate that it relied on it to any meaningful degree. Rather, the district court discussed the 18 U.S.C. 3553(a) factors, including the crime of conviction, defendant's family history, current marijuana use, gang association, fugitive status, criminal acts while a fugitive, and conduct during arrest. Accordingly, the court affirmed the judgment.
Court Description: Per Curiam - Before Loken, Smith and Colloton, Circuit Judges] Criminal case - Sentencing. The district court did not give weight to an improper sentencing factor, as the remark defendant points to had negligible effect on his sentence and the district court did not abuse its discretion in focusing on other relevant and permissible factors, such as the crime, defendant's family history, drug use, gang history, fugitive status and conduct during arrest and his time as a fugitive.
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