United States v. Benson, No. 17-2094 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit affirmed defendant's sentence after he pleaded guilty to conspiracy to violate 18 U.S.C. 922(g)(1) (felon in possession of a firearm), in violation of 18 U.S.C. 371. The court held that the district court did not abuse its discretion in determining that defendant's federal sentence should be consecutive to the undischarged portion of his state sentence. The court also held that defendant waived his argument that the sentence was substantively unreasonable because he raised the argument for the first time in his reply.
Court Description: Benton, Author, with Gruender and Melloy, Circuit Judges] Criminal case - Sentencing. The district court did not abuse its discretion in determining that defendant's federal sentence should be consecutive to the undischarged portion of his state sentence; argument that the sentence is unreasonable, raised for the first time in defendant's reply brief, would not be considered as it was waived.
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