U.S. v. Feemster (MLW No. 59353/Case No. 06-2059 – 26 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.) Where a district court on remand developed its reasoning for sentencing a defendant in a drug case to 120 months, a ...

Tagged with: Criminal Law Gall Reasonableness sentencing

U.S. v. Struzik (MLW No. 59359/Case No. 08-3936 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Beam, J.) Where a defendant challenged as unreasonable his 12-month sentence for alien smuggling, the record showed that the district court fully considered ...

Tagged with: Criminal Law Reasonableness sentencing

U.S. v. Valadez (MLW No. 59357/Case No. 08-3590 – 4 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Where a district court gave a thorough explanation of its reason for defendant’s sentence discussing his age, education, criminal history, gang ...

Tagged with: Criminal Law Downward Variance Reasonableness sentencing

Where a defendant who pleaded guilty to illegal re-entry of the country argued that his 46-month sentence was substantively unreasonable, the district court’s explanation that the defendant had a serious criminal history that warranted no more patience was not unreasonable, ...

Tagged with: Criminal Law Illegal Reentry Reasonableness sentencing