United States v. Johnson, No. 09-3063 (8th Cir. 2011)
Annotate this CaseDefendant pleaded guilty to armed bank robbery and brandishing a firearm during a crime of violence and was sentenced to 272 months imprisonment. Defendant appealed his sentence, arguing that the district court erred in imposing an upward departure. The court held that the district court had a proper basis for concluding that defendant's criminal history category underrepresented his criminal history for purposes of U.S.S.G. 4A1.3. The court also held that although the district court's explanation was not extensive, it adequately explained the district court's rationale for the sentence imposed. The court further held that the district court did not abuse its discretion by imposing an upward departure of 125 months where the district court considered multiple factors that warranted a lengthier sentence and multiple factors that warranted a shorter sentence. On the whole, the court believed that these factors justified the district court's selection of a 188 month sentence on Count I. Accordingly, the court affirmed the sentence.
Court Description: Criminal case - Sentencing. District court did not err in imposing an upward departure under Guidelines Sec. 4A1.3(a)(1) on the ground that defendant's criminal history category under-represented his criminal history; district court's explanation of its determination, while not extensive, was an adequate rationale for the sentence imposed; extent of departure was not unreasonable.
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