United States v. Larry Wills, No. 07-3904 (8th Cir. 2009)

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Court Description: Criminal case - Sentencing. Record was sufficient to show the district court had a reasoned basis for the sentence it selected, and there was no indication that a lower sentence would have resulted had the court given more explicit reasons for its sentencing decision.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 07-3904 ___________ United States of America, Appellee, v. Larry D. Wills, Appellant. * * * * Appeal from the United States * District Court for the * Western District of Missouri. * * [UNPUBLISHED] * ___________ Submitted: February 6, 2009 Filed: February 17, 2009 ___________ Before BYE, COLLOTON, and GRUENDER, Circuit Judges. ___________ PER CURIAM. Larry Wills pleaded guilty to eight charges involving fraud and money laundering. He now appeals his 48-month prison sentence, arguing that remand is required because the district court1 did not specifically address the 18 U.S.C. ยง 3553(a) factors or explain the chosen sentence. Wills made no objection to this at sentencing. The record reveals that before imposing sentence, the district court heard statements from both counsel and adopted the parties agreed-upon advisory Guidelines imprisonment range of 46-57 months. We are thus satisfied that the court 1 The Honorable Scott O. Wright, United States District Judge for the Western District of Missouri. had a reasoned basis for the selected sentence, see Rita v. United States, 127 S. Ct. 2456, 2468 (2007), and there is no indication that Wills would have received a lower sentence had the court more explicitly explained its decision, see United States v. Pate, 518 F.3d 972, 975 (8th Cir. 2008). Accordingly, we affirm. ______________________________ -2-

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