United States v. Evenson, No. 16-2890 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit affirmed defendants' sentences for overlapping drug-distribution conspiracies. The court held that Defendant Evenson waived his objections to the career offender enhancement because he withdrew an objection to classifying his burglary convictions as crimes of violence in exchange for a downward adjustment reduction for mitigating role. The court also held that the district court did not abuse its discretion by denying Defendant Torres Alvarez a variance based on the traumas and difficulties he faced in the past where such factors were counterbalanced by the seriousness of his crime, particularly the quantities of drugs involved.
Court Description: Riley, Author, with Wollman and Loken, Circuit Judges] Criminal cases - Sentencing. Defendant withdrew his objection to career offender sentencing in exchange for a minor role reduction and thereby waived his right to challenge use of his Iowa burglary convictions for career offender purposes; the sentencing record shows the district court fully appreciated defendant's position regarding a downward variance based on his difficult childhood and mental-health problems, and the court did not abuse its discretion in weighing these arguments and giving other factors greater weight.
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