United States v. Mitchell, No. 18-1600 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit affirmed defendant's 41 month sentence after he pleaded guilty to conspiracy to commit offenses against the United States, interstate transportation of a stolen vehicle, and fraudulent use of access devices. The court held that the district court did not err by applying a two-level sophisticated-means enhancement under USSG 2B1.1(b)(10)(C); the sentence was procedurally reasonable where the district court did not err, let alone plainly err, when it considered the 18 U.S.C. 3553(a) factors and the district court adequately explained the sentence; and defendant's sentence was substantively reasonable where the district court did not engage in impermissible double counting and in weighing the aggravating and mitigating factors.
Court Description: Erickson, Author, with Benton and Beam, Circuit Judges] Criminal case - Sentencing. No error in imposing a two-level sophisticated-means enhancement under Guidelines Sec. 2B1.1(b)(10)(C) as the repetitive and coordinated conduct of defendant and his co-defendants over several months amounted to a sophisticated scheme; the district court considered the 3553(a) factors and adequately explained its sentence; the sentence imposed was not substantively unreasonable as the court did not abuse its discretion in weighing the aggravating and mitigating factors.
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