United States v. James Jones, No. 21-3568 (8th Cir. 2022)
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Defendant was charged with and pleaded guilty to unlawful possession of a firearm by a felon. The presentence investigation report recommended an advisory guidelines sentencing range of 57 to 71 months imprisonment, based on Defendant’s prior conviction for a crime of violence (second-degree robbery) plus enhancements for possessing a stolen firearm and possession in connection with another felony offense. The district court adopted the PSR’s recommended guidelines range, and sentenced Defendant to 71 months imprisonment, the top of that range. Defendant appealed, arguing the sentence is substantively unreasonable.
Reviewing the sentence under the governing deferential abuse-of-discretion standard the Eighth Circuit affirmed. The court explained that a sentence within the advisory guidelines range is presumptively reasonable. The court wrote that after careful review, the court concludes this is not the “unusual case” where it should reverse a sentencing decision as substantively unreasonable. Properly applying the Section 2K2.1(b)(6)(B) enhancement did not result in a “disproportionately” unreasonable advisory guidelines range. Moreover, as the district court noted, there were other aggravating factors warranting a sentence at the top of the advisory range. District courts have “wide latitude” in weighing the relevant Section 3553 factors. This is not the rare case where a presumptively reasonable guidelines range sentence is substantively unreasonable.
Court Description: [Loken, Author, with Arnold and Kelly, Circuit Judges] Criminal case - Sentencing. The sentencing record supported the application of a Sec. 2K2.1(b)(6)(b) enhancement; defendant's within-guidelines range sentence was substantively reasonable. [ September 26, 2022 ]
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