Criminal Law: Felon in Possession of a Firearm-Upward Sentencing Variance-Reasonableness of Sentence

Defendant appealed the judgment of sentence imposed following his guilty plea to being a felon in possession of a firearm. The district court imposed a 17-month upward variance from the top end of the Guidelines range. Defendant challenged the reasonableness of his sentence.

Although the district court imposed a two-level enhancement for fleeing, the district court could still vary upward from the Guidelines range to reflect the seriousness of the offense and the need to protect the public and deter defendant from future criminal conduct, as he had a history of fleeing from law enforcement.

Judgment is affirmed.

U.S. v. White (MLW No. 79566/Case No. 22-2823 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Arkansas, Rudofsky, J.