United States v. Davis, No. 21-1283 (8th Cir. 2021)
Annotate this CaseThe Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to attempted coercion or enticement of a minor in violation of 18 U.S.C. 2422(a). Defendant was sentenced to time served and 120 months' supervised release, including one year of home confinement. The government acknowledges that there was no procedural error, but contends that the sentence was substantively unreasonable. The court concluded that the district court did not abuse its discretion by imposing the below-Guidelines sentence where the district court considered the 18 U.S.C. 3553(a) factors, including his lack of a criminal history and his honorable military service. The court explained that the district court has wide latitude to weigh the sentencing factors, including the need to afford adequate deterrence to criminal conduct and the Post Conviction Risk Assessment. The court rejected the government's remaining contentions to the contrary.
Court Description: [Benton, Author, with Loken and Wollman, Circuit Judges] Criminal case - Sentencing. The government appeals defendant's below-guidelines sentence. The government concedes there was no procedural error and argues that the sentence was substantively unreasonable. The district court did not abuse its discretion in weighing the 3553(a) factors, especially defendant's history and characteristics, which included 20 years of honorable military service and exemplary behavior on pre-trial release, and the sentence imposed was not substantively unreasonable.
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