United States v. Thorne, No. 17-1358 (8th Cir. 2018)Annotate this Case
Factors that have already been taken into account in calculating the advisory Guidelines range can nevertheless form the basis of a variance. The Eighth Circuit affirmed defendant's resentence on remand from the district court. Defendant was convicted of being a felon in possession of a firearm and the district court sentenced him to the statutory maximum of 120 months in prison. The court held that the district court did not err by applying an upward variance of 83 months from the high end of the Sentencing Range. The sentence in this case was supported by factors not accounted for, either in full or in part, by the Guidelines. The district court also did not err by considering the sentencing factors, including defendant's extensive adult criminal record and likelihood of recidivism. Therefore, defendant's sentence, even if it was in the highest criminal history category, was not substantively unreasonable.