United States v. Lamar Bertucci, No. 23-1513 (8th Cir. 2023)
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After Defendant violated the conditions of his supervised release, the district court sentenced him to 24 months in prison even though the Sentencing Guidelines recommended 5–11 months. He maintains that the district court failed to explain the sentence adequately and imposed a substantively unreasonable sentence.
The Eighth Circuit affirmed. The court explained that when explaining a sentence, a court need only set forth enough to satisfy us that it considered the parties' arguments and had a reasoned basis for exercising its legal decision-making authority. The district court provided ample reason for imposing an upward variance, including the fact that Defendant stayed at the sober-living house only briefly, previously received leniency, frequently violated court orders, and absconded for months on end. The court explained that the court isn't required to discuss or recite each statutory sentencing consideration before imposing a sentence; when, as here, the court mentions some of them, we presume it is aware of them all.
Court Description: [Arnold, Author, with Smith, Chief Judge, and Erickson, Circuit Judge] Criminal case - Sentencing. The district court adequately explained its sentencing decision, and the sentence imposed upon the revocation of defendant's supervised release, an upward variance, was not substantively unreasonable. [ October 06, 2023 ]
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