United States v. Anthony Sisco, No. 21-3132 (8th Cir. 2022)
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Defendant pleaded guilty to possession with intent to distribute crack cocaine in 2006. While on bail awaiting sentencing, Defendant and his brother were involved in a bar fight, during which Defendant shot and killed one man and assaulted another. Defendant was charged with murder, assault, and armed criminal action in state court.
The following year Defendant was sentenced on the federal drug charges. The district court calculated a total offense level of 34 and a criminal history category II, resulting in a Sentencing Guidelines range of 168 to 210 months of imprisonment. The government moved for an upward departure under USSG Secs. 4A1.3 and 5K2.0(a)(2). The district court heard evidence about the bar fight, including a video of the altercation and testimony from a police detective, and granted the motion. The court sentenced Defendant to 480 months of imprisonment, the then-applicable statutory maximum. Defendant was subsequently acquitted of the charges related to the bar fight.
In 2013, Defendant moved for a sentencing reduction pursuant to 18 U.S.C. Sec 3582(c). The district court granted the motion, but only reduced Defendant's sentence to 240 months. The court denied Defendant's subsequent sentencing reduction under Section 404 of the First Step Act. Defendant appealed. The Eighth Circuit affirmed the district court's denial of Defendant's s motion, finding that the district court conducted a complete review of Defendant's motion and provided a reasonable basis for its decision.
Court Description: [Per Curiam - Before Loken, Kelly, and Kobes, Circuit Judges] Criminal case - Sentencing. The district court conducted a complete review of defendant's First Step Act motion and provided a reasoned basis for its denial of the motion; the denial is affirmed.
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