United States v. Todd Skalberg

U.S. Court of Appeals for the Eighth Circuit

United States v. Todd Skalberg

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 23-3744 ___________________________

United States of America

Plaintiff - Appellee

v.

Todd Skalberg

Defendant - Appellant

____________

Appeal from United States District Court for the Northern District of Iowa - Eastern ____________

Submitted: October 21, 2024 Filed: March 19, 2025 [Unpublished] ____________

Before SHEPHERD, KELLY, and STRAS, Circuit Judges. ____________

PER CURIAM.

Todd Skalberg received a 262-month prison sentence after he pleaded guilty to conspiracy to distribute methamphetamine for mailing drugs from California to Iowa. See 21 U.S.C. §§ 841(a)(1), (b)(1)(A)(viii), 846. He claims that the sentence is procedurally flawed and substantively unreasonable. We conclude otherwise. Skalberg received a sentence within the advisory range despite having several prior drug convictions, both state and federal. Add the fact that he was on state parole when he mailed the drugs, and the district court 1 had good reason to impose a sentence above the mandatory minimum of 180 months in prison. See United States v. Fitzpatrick, 943 F.3d 838, 840–41 (8th Cir. 2019).

When determining the sentence, the district court carefully considered the statutory sentencing factors. See 18 U.S.C. § 3553(a); United States v. Bridges, 569 F.3d 374, 378–79 (8th Cir. 2009). It discussed a host of mitigating facts, such as Skalberg’s traumatic childhood, current age, and acceptance of responsibility. None, in its view, outweighed his criminal history and the fact that he “chose[] to engage in drug trafficking” despite “know[ing] the consequences.” See Fitzpatrick, 943 F.3d at 840 (explaining that the district court has discretion to “weigh” some factors “more heavily than others”). Neither procedural error nor substantive unreasonableness is present on this record, which shows thorough consideration of each of his arguments at sentencing. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc) (reviewing for an abuse of discretion).

We accordingly affirm the judgment of the district court. ______________________________

1 The Honorable C.J. Williams, then District Judge, now Chief Judge, United States District Court for the Northern District of Iowa. -2-

Reference

Status
Unpublished