Criminal Law: Attempted Enticement of Minor-Upward Variance-Substantive Reasonableness of Sentence

Defendant pleaded guilty to attempted enticement of a minor. At sentencing, defendant, without objection from the government, asked for the statutory mandatory minimum sentence. The district court instead varied upward from the mandatory minimum sentence. On appeal, defendant argued that the district court failed to adequately explain the upward variance.

Where the district court considered the statutory sentencing factors, the PIR, and the facts of the case to decide to impose an upward variance, the district court did not impose a substantively unreasonable sentence.

Judgment is affirmed.

U.S. v. Newman (MLW No. 73730/Case No. 18-2434 – 4 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Arkansas, Wilson, J.