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Criminal Law: Felony Child Abuse and Neglect-Imprisonment and Supervised Release-Substantive Reasonableness of Sentence

Staff Report//March 13, 2020

Criminal Law: Felony Child Abuse and Neglect-Imprisonment and Supervised Release-Substantive Reasonableness of Sentence

Staff Report//March 13, 2020

Defendant pleaded guilty to felony child abuse and neglect and was sentenced to 60 months’ imprisonment followed by three years’ supervised release. On appeal, defendant challenged the substantive reasonableness of his sentence.

Where the district court based its sentencing on the fact that defendant repeatedly used drugs while young children were present in his home, defendant received an individualized sentencing assessment and therefore his sentence was not substantively unreasonable.

Judgment is affirmed.

U.S. v. Archambeau (MLW No. 74651/Case No. 18-3595 – 3 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, District of South Dakota, Schreier, J.

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