United States v. Overbey, No. 12-1227 (8th Cir. 2012)
Annotate this CaseDefendant was convicted of aiding and abetting the use, carrying, and brandishing of a firearm in furtherance of an armed bank robbery, and being a felon in possession of a firearm. On appeal, defendant challenged the reasonableness of his sentence. The court held that defendant's sentence was procedurally and substantively reasonable and affirmed the district court's upward variance from the Sentencing Guidelines range to 240 months imprisonment.
Court Description: Criminal Case - sentence. District court's grant of upward variance to 240 months is affirmed. District court did not plainly err in sentencing defendant, as it considered and discussed in detail the section 3553(a) factors. The sentence is not substantively unreasonable, as the district court did not clearly err in finding the Guidelines calculation understated defendant's criminal history and did not abuse its discretion in varying upward.
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