United States v. Johnson, No. 17-2572 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit affirmed defendant's 204 month sentence imposed after he pleaded guilty to possession with intent to distribute cocaine base. The court held that the district court did not procedurally err in considering the 18 U.S.C. 3553(a) factors where it discussed the guideline calculation, the serious nature of the offense, defendant's criminal history and characteristics, the need to protect the public, and the need to accomplish specific deterrence. The court also held that defendant's sentence was not substantively unreasonable where the district court did not abuse its discretion in assigning some factors greater weight than others.
Court Description: Colloton, Author, with Beam and Grasz, Circuit Judges] Criminal case - Sentencing. The district court discussed the guidelines calculation, the serious nature of the offense, defendant's record and characteristics, the need to protect the public and accomplish specific deterrence, and it did not commit any procedural error in weighing the factors and determining an upward variance was appropriate; sentence was not substantively unreasonable. Judge Grasz, concurring.
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