United States v. Hewitt, No. 20-2402 (8th Cir. 2021)Annotate this Case
The Eighth Circuit affirmed defendant's conviction and sentence for conspiring to deprive a pretrial detainee of his civil rights and depriving the pretrial detainee of his civil rights. The court concluded that the government produced more than sufficient circumstantial evidence to support the jury's finding of a conspiratorial agreement between defendant and three correctional officers to assault the pretrial detainee and then cover up the assault. The court also concluded that there was sufficient evidence to support defendant's conviction for assaulting the pretrial detainee a second time. Finally, the court concluded that defendant's 45-month sentence was not substantively unreasonable where the district court properly considered the sentencing factors, explaining that defendant's conduct was more egregious, he was more responsible for the detainee's injuries, and he threatened his coconspirators to cover up the assault.