United States v. Williams, No. 14-2600 (8th Cir. 2015)
Annotate this CaseDuring a traffic stop, Williams left the vehicle and ran from police. Officers saw Williams drop a handgun, later identified as a loaded Glock 9. Williams pleaded guilty to unlawful possession of a firearm by a felon, 18 U.S.C. 922(g)(1). Williams asked the court to vary downward from the advisory guidelines sentencing range and sentence him to probation, noting a his stable employment history, his provision of financial support for his family, his involvement with his community and church, the age of his prior convictions, and the fact that he lived and worked in a high-crime area. The court denied Williams’s request, observing that Williams fled from police and that the gun was fully loaded, and sentenced him to 37 months’ imprisonment, at the bottom of the guideline range. Williams argues that his sentence was substantively unreasonable because the court improperly considered that Williams was prosecuted in federal court. The Eighth Circuit affirmed. The district court’s commentary about the prosecutorial discretion of the U.S. Attorney in gun cases does not establish an unreasonable sentence. The court correctly observed that once the U.S. Attorney elects to prosecute a case in federal court, the court is required to consider federal sentencing guidelines, 18 U.S.C. 3553(a)(4),
Court Description: Colloton, Author, with Loken and Smith, Circuit Judges] Criminal case - Sentencing. Sentence was not substantively unreasonable. [ June 24, 2015
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