United States v. Hubbs, No. 20-3044 (8th Cir. 2021)
Annotate this CaseThe Eighth Circuit affirmed defendant's 60-month sentence imposed after he pleaded guilty to two counts of being a felon in possession of a firearm in violation of 18 U.S.C. 922(g). The court concluded that defendant's sentence was not substantively unreasonable where the district court considered the 18 U.S.C. 3553(a) sentencing factors, weighing the mitigation factors against his extensive criminal history and propensity for violence. Therefore, the district court did not abuse its discretion in applying an upward variance.
Court Description: [Loken, Author, with Colloton and Benton, Circuit Judges] Criminal case - Sentencing. Defendant's sentence was not substantively unreasonable; the district court calculated defendant's mitigating factors, weighed them against his extensive criminal history and propensity for violence and concluded an upward variance was warranted.
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