United States v. Beyers, No. 16-1441 (8th Cir. 2017)
Annotate this CaseDefendant pled guilty to accessing and possessing child pornography, possessing child obscenity, and violating the terms of his supervised release. The district court sentenced defendant to the statutory mandatory minimum for each offense and ran the sentences for the new conduct concurrently to each other, but consecutively to the revocation sentence. The court concluded that the district court did not ignore the mitigating factors; rather, the mitigating factors were a major focus at the sentencing hearing. In this case, the district court expressly addressed the essence of defendant's position, and did not fail to consider a relevant factor that should have received significant weight. The court also concluded that the district court did not abuse its discretion by making defendant's revocation sentence run consecutive to any other sentences. Accordingly, the court affirmed the judgment.
Court Description: Riley, Author, with Smith and Kelly, Circuit Judges] Criminal case - Sentencing. The mitigating factors defendant contends the district court ignored were a major focus of his sentencing hearing and the court expressly addressed the essence of the defendant's position at sentencing; the district court did nor abuse its discretion by making defendant's revocation sentence consecutive to the sentences for his new crimes.
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