United States v. Fonseca, No. 14-2893 (8th Cir. 2015)
Annotate this CaseFonseca pleaded guilty to stealing 36 firearms from a federally licensed firearms dealer, 18 U.S.C. 922(u) and 924(i)(1). Fonseca was previously convicted in Kansas of knowing possession and disposal of eight of those firearms; he was serving that 70-month sentence at the time he was sentenced for this offense. The presentence investigation report determined an advisory guidelines range of 63-78 months in prison and recommended that the court reduce the sentence for time served on the undischarged Kansas sentence if the Bureau of Prisons would not do so, U.S.S.G. 5G1.3(b)(1). Consistent with the plea agreement, the government urged a guidelines range sentence of 70 months, reduced by the Kansas time served (50 months). Fonseca urged a greater sentence credit to be served concurrent with the undischarged remainder of his Kansas sentence. Emphasizing Fonseca’s lengthy criminal history and other sentencing factors, the district court varied upward from the advisory range to 88 months, applied a 50-month credit for Kansas time served, and sentenced Fonseca to 38 months in prison, concurrent with the remainder of the Kansas sentence, plus a criminal restitution penalty of $18,666.62. The Eighth Circuit affirmed, but remanded for further restitution proceedings.
Court Description: Loken, Author, with Bowman and Kelly, Circuit Judges] Criminal case - Sentencing. Anders case. Defendant's issues concerning his sentence fall within his appeal waiver; case remanded for further proceedings concerning the proper amount of restitution. [ June 23, 2015
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