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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Criminal Law: Kidnapping-Aggravated Sexual Abuse-Upward Variance

Criminal Law: Kidnapping-Aggravated Sexual Abuse-Upward Variance

Defendant pleaded guilty to kidnapping and aggravated sexual abuse by force. On appeal, defendant challenged the district court’s decision to vary upward from the sentencing-guidelines range.

Where the district court could vary upward based on factors already taken into account in calculating the guidelines range, and where defendant’s prior criminal history was not accounted for his guidelines range, the district court did not abuse its discretion to impose an upward variance.

Judgment is affirmed.

U.S. v. Breckenridge (MLW No. 73676/Case No. 18-2736 – 4 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Western District of Arkansas, Hickey, J.