United States v. Hernandez-Pineda, No. 16-1004 (8th Cir. 2017)
Annotate this CaseDefendant appealed his ten year sentence for illegally reentering the United States. In 2015, defendant and his codefendant tried to hold up a bakery. Defendant carried a butcher knife to rob the bakery and accidentally ran into a door, stabbing himself in the stomach. Defendant admitted the reentry and robbery were violations of the terms of his supervised release for a 2013 illegal reentry conviction. The court concluded that the district court did not abuse its discretion by failing to consider the factors that supported a shorter sentence where the district court, in explaining the sentence and upward variance, repeatedly expressed its concern for defendant's recidivism. The court also concluded that the sentence was not substantively unreasonable where the court considered the 18 U.S.C. 3553(a)(1) factors. Accordingly, the court affirmed the sentence.
Court Description: Riley, Author, with Wollman and Benton, Circuit Judges] Criminal case - Sentencing. The district court considered defendant's arguments in favor of a lesser sentence and did not err in giving greater weight to his recidivism; the sentence imposed was not substantively unreasonable.
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.