United States v. Benton
2010 U.S. App. LEXIS 25372
| 8th Cir. | 2010Background
- Benton's supervised release was revoked; district court sentenced him to 27 months for the Grade B concealed weapon violation and 9 months consecutive for other violations, followed by 12 months of supervised release.
- Evidence supported a finding Benton carried a concealed weapon under Iowa Code § 724.4(1) after officers found throwing stars on Benton and testified they could cause serious injury.
- The district court found Benton violated by associating with felons and drug users, driving without a license, failing drug testing, and carrying a concealed weapon; it did not find theft or burglary proven.
- Officers testified about Benton’s presence in the residence, tracks leading away, and Benton’s statements; the court credited this testimony.
- Benton challenged both the sufficiency of the evidence for the weapon violation and the reasonableness of the sentence; the Eighth Circuit affirmed the district court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for dangerous weapon | Benton argues evidence failed to prove a dangerous weapon. | The government contends evidence showed a dangerous weapon and public property possession. | Evidence sufficient; no clear error on dangerous weapon finding. |
| Consecutive sentence reasonableness | Benton contends sentence is unwarranted upward beyond the Grade B range. | Government argues we may exceed the Grade B range and defer to district court's discretion. | No plain procedural error; consecutive sentences within broad discretion and reasonable. |
| § 3553(a) consideration adequacy | Benton asserts inadequate consideration and explanation of factors. | Court adequately discussed factors and followed applicable standards. | No plain procedural error; factors adequately considered. |
Key Cases Cited
- United States v. Smith, 576 F.3d 513 (8th Cir.2009) (standard of review for revocation of supervised release; abuse of discretion standard for decision)
- United States v. Lynch, 611 F.3d 932 (8th Cir.2010) (preponderance of the evidence standard for revocation; 18 U.S.C. § 3583(e)(3))
- Rita v. United States, 551 U.S. 338 (2007) (reasonableness review and consideration of § 3553(a) factors)
- Perkins, 526 F.3d 1107 (8th Cir.2008) (reference to Rita in sentencing context)
- Gall v. United States, 552 U.S. 38 (2007) (reasonableness standard for sentencing; deference to district court)
- McDonald, 521 F.3d 975 (8th Cir.2008) (consecutive vs. concurrent sentence review)
- Mathis, 451 F.3d 939 (8th Cir.2006) (reasonableness review for sentences)
- Baker, 491 F.3d 421 (8th Cir.2007) (exceeding policy statement range is not an upward departure)
- Cotton, 399 F.3d 913 (8th Cir.2005) (clarification on exceeding suggested range in Chapter 7)
- State v. Dallen, 452 N.W.2d 398 (Iowa 1990) (definition of dangerous weapon under Iowa law)