United States v. Allison
Opinion of the Court
Larry Allison pled guilty to sexually exploiting a child in violation of 18 U.S.C. § 2251(a), which subjected Allison to a prison sentence of “not less than 15 years nor more than 30 years” pursuant to 18 U.S.C. § 2251(e). Before sentencing, a probation officer prepared a presentence investigation report calculating an initial advisory United States Sentencing Guidelines (U.S.S.G. or Guidelines) range of 121 to 151 months imprisonment (level 31, category II), applying a three-level reduction for acceptance of responsibility. See U.S.S.G. § 3E1.1. Because the “statutorily required minimum sentence [for Allison’s crime was] greater than the maximum of the applicable guideline range,” Allison’s advisory Guidelines sentence was 15 years (180 months) imprisonment. U.S.S.G. § 5Gl.l(b).
At a March 10, 2015 sentencing hearing, the district court
Allison appeals, arguing his sentence is substantively unreasonable because it is “greater than necessary to sufficiently comply with the purposes of a criminal sentence as outlined in 18 U.S.C. § 3553(a).” As Allison sees it, his sentence is “unjust” and “do[es] not promote respect for the law” because it “does not recognize the benefit upon the system of [Allison] accepting responsibility,” including sparing his victim further harm and preserving the government’s limited resources.
We review Allison’s sentence “under a deferential abuse-of-discretion standard,” taking “into account the totality of the circumstances, including the extent of any variance from the Guidelines range.” Gall v. United States, 552 U.S. 38, 41, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). “A district court abuses its discretion and imposes an unreasonable sentence when it fails to consider a relevant and significant factor, gives significant weight to an irrelevant or improper factor, or considers the appropriate factors but commits a clear error of judgment in weighing those factors.” United States v. Miner, 544 F.3d 930, 932 (8th Cir. 2008).
The district court’s decision to vary upward in this case was well within its broad sentencing discretion, and the sentence is substantively reasonable. Satisfied Allison’s sentence is “not greater than necessary to” serve the purposes of § 3553(a), we affirm.
. The Honorable M. Douglas Harpool, United States District Judge for the Western District of Missouri.
Reference
- Full Case Name
- United States v. Larry ALLISON
- Cited By
- 2 cases
- Status
- Published