United States v. Banderas, No. 16-1517 (8th Cir. 2017)
Annotate this CaseA court generally acts within its discretion when it imposes an amended sentence that is in proportion to the initial sentence. In this case, defendant was originally sentenced at the top of his advisory guidelines range. After defendant moved for a sentencing reduction, the district court sentenced defendant at the top of the amended range. The Eighth Circuit affirmed defendant's sentence, holding that the district court permissibly limited defendant's sentence reduction by considering his criminal history and the danger that he would pose to the community.
Court Description: Colloton, Author, with Murphy and Melloy, Circuit Judges] Criminal case - Sentencing. A district court generally acts within its discretion when it imposes an amended sentence that is in proportion to the initial sentence, and here, where the district court imposed a top-of-the-guidelines range sentence at defendant's initial sentencing, the court did not abuse its discretion by imposing a sentence at the top of defendant's new, amended range.
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.