United States v. Wisecarver, No. 17-3606 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit affirmed defendant's sentence after she pleaded guilty to second degree murder. The court held that the district court clearly considered potential sentence disparity and weighed the 18 U.S.C. 3553(a) factors in justifying the sentence imposed in light of the seriousness of the offense. In this case, the district court considered defendant's need for treatment, the interest in deterring similar criminal conduct, and the need to protect the public from further crimes. Therefore, the district court did not abuse its discretion in varying upward.
Court Description: Shepherd, Author, with Kelly and Stras, Circuit Judges] Criminal case - Sentencing. The district court clearly considered potential sentence disparity in determining the appropriate sentence and expressly weighed the other statutory considerations justifying the sentence imposed, including the seriousness of the offense, defendant's need for treatment, the interest in deterring similar criminal conduct and the need to protect the public from further crimes; the court did not abuse its discretion in varying upward.
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