United States v. Boyd, No. 18-3528 (8th Cir. 2020)
Annotate this CaseThe Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to being a felon in possession of a firearm. The court held that the facts underlying defendant's prior arrests were part of his history and characteristics under 18 U.S.C. 3553(a), and thus the district court could consider defendant's arrest records and the circumstances of those arrests. The court explained that the arrests were listed in the presentence report and gleaned from prior police reports. Furthermore, specific facts underlying the arrests may be considered for an upward departure and should be considered fair game for a variance where defendant did not object to them. The court also concluded that there is nothing here that suggested a corrected misstatement improperly influenced the district court's sentencing decision. Finally, the court held that the upward variance was not unreasonable in consideration of defendant's previous assaults, coupled with the facts underlying his arrest in this case.
Court Description: [Kobes, Author, with Shepherd and Grasz, Circuit Judges] Criminal case - Sentencing. The facts underlying defendant's prior arrests are part of his history and characteristics under Sec. 3553(b); police reports described in the PSR were fair game for the court to consider for a variance because defendant did not object to them; there is nothing to suggest a corrected misstatement improperly influenced the court's sentencing decision; upward variance was not unreasonable in light of the seriousness of defendant's previous assaults and the facts of this arrest.
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