United States v. Barbara Sibylle Norris
685 F.3d 1126
8th Cir.2012Background
- Barbara Norris, an organizational payee for SSA, helped disabled beneficiaries manage their benefits and paid bills.
- SSA audits revealed lack of bookkeeping, improper charges, and unreconciled checkbooks; approximately $61,000 was allegedly diverted for Norris's personal use.
- Norris was indicted on nine counts under 42 U.S.C. § 408(a)(5) and § 1383a(a)(4); she pled guilty to one count and the others were dismissed.
- Presentence report recommended total offense level 13; with no prior criminal history, advisory range was 12–18 months.
- Norris sought ~5 years’ probation with home confinement due to health, age, restitution ability; government recommended low end of range with half settled by home confinement.
- District court sentenced Norris to 18 months in prison with 3 years of supervised release, restitution around $71,000, and a $100 special assessment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Substantive reasonableness of sentence | Norris argues 18 months is unreasonably harsh given health and restitution ability. | District court properly weighed 3553(a) factors and aligned with guideline range. | Sentence affirmed as substantively reasonable. |
| Whether sentence analysis properly considered 3553(a) factors | District court allegedly gave improper weight to factors. | Court properly weighed factors and considered victim impact and rehabilitation. | Court reasonably applied 3553(a) factors. |
| Waiver and scope of appeal | Norris preserved substantive review despite plea waiver. | Appeal limited to substantive reasonableness per waiver ruling; guideline calculation not challenged on appeal. | Court proceeded on substantive reasonableness; affirmed judgment. |
Key Cases Cited
- Gall v. United States, 552 U.S. 38 (2007) (substantive reasonableness review is deferential under abuse-of-discretion standard)
- Miller v. United States, 544 F.3d 930 (8th Cir. 2008) (abuse-of-discretion standard in sentencing; weighting factors matters)
- Robinson v. United States, 516 F.3d 716 (8th Cir. 2008) (presumption of substantive reasonableness for within-range sentences)
- Bridges v. United States, 569 F.3d 374 (8th Cir. 2009) (district court has wide latitude to weigh § 3553(a) factors)