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Eighth Circuit affirms large above-guideline sentence

By Douglas A. Berman

The Eighth Circuit today in US v. Austad, No. 07-1376 (8th Cir. Mar. 5, 2008) (available here), affirms an above-guideline sentence with heavy reliance on Gall.  Here is the start and end:Christopher Austad (Austad) pled guilty to mailing threatening communications in violation of 18 U.S.C. § 876(c).  After calculating a sentencing Guidelines range of 37 to 46 months imprisonment, the district court sentenced Austad to 84 months imprisonment.  Austad appeals, arguing the sentence is unreasonable, and that the district court failed to consider Austad?s history and circumstances. We affirm.... As the Supreme Court reminds us [in Gall], ?[t]he sentencing judge is in a superior position to find facts and judge their import under § 3553(a) in the individual case...continue to full post

Full post as published by Sentencing Law and Policy on March 05, 2008 (boomark / email).