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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Criminal Law : Prior Acts – Arson – Sentencing

Criminal Law : Prior Acts – Arson – Sentencing

(1)Where a defendant in an arson case challenged the admission of his convictions for setting four prior fires, the evidence showed intent and lack of accident and was not too remote in time to be admitted, and the evidence was not more prejudicial than probative because the district court limited the evidence to four prior acts and several statements, and the evidence was sufficient to support the conviction.

(2)Where a defendant was sentenced to 240 months in an arson case, the district court noted that all of the structures were occupied when the fires were set and the court found that the defendant retaliates against those who upset him, so the court adequately explained the sentencing factors and the judgment is affirmed.

Judgment is affirmed.

U.S. v. Gant (MLW No. 65284/Case No. 12-3855 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.) Appealed from U.S. District Court, Northern District of Iowa, Reade, J. (John P. Messina, Des Moines, Iowa, argued for appellant) (Charles J. Williams, Cedar Rapids, Iowa, argued for appellee).

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