United States v. Boneshirt
2011 U.S. App. LEXIS 22036
| 8th Cir. | 2011Background
- Boneshirt, age 17, killed Walking Eagle on Nov 1, 2009 in St. Francis on the Rosebud Indian Reservation; he choked her, concealed the body, and later learned law enforcement were notified.
- He was prosecuted as a juvenile but pleaded guilty to second-degree murder after agreeing to transfer to adult court under a plea agreement; the agreement waived defenses and most appeal rights, with a carve-out for substantive reasonableness if upward departure/variance.
- The plea colloquy did not address the appeal waiver; the district court accepted the guilty plea without informing Boneshirt about the waiver rights.
- PSR added a two-level obstruction of justice enhancement for an jail-escape plan and denied an acceptance-of-responsibility reduction; tribal-court juvenile convictions did not count toward criminal history points.
- The district court sentenced Boneshirt to 576 months in prison followed by five years of supervised release, after concluding the offense was horrible, considering his youth and background, and emphasizing public protection; Boneshirt appeals arguing substantive unreasonableness and waiver issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of appellate rights valid despite plea agreement | Boneshirt argues Rule 11(b)(1)(N) colloquy required; waiver unenforceable | Government asserts valid waiver under Michelsen and Cheney | Waiver not enforceable; record lacked Rule 11 colloquy; appeal allowed |
| Substantive reasonableness of 576-month sentence | Sentence excessive given Boneshirt's youth and background | Sentence within properly-calculated Guidelines range; justified by 3553(a) factors | Sentence affirmed as substantively reasonable within the Guidelines; no abuse of discretion |
Key Cases Cited
- United States v. Michelsen, 141 F.3d 867 (8th Cir. 1998) (appeal waiver can be enforced without colloquy if valid under Rule 11)
- United States v. Cheney, 571 F.3d 764 (8th Cir. 2009) (post-plea sentencing agreement appeal waiver permissible)
- Gall v. United States, 552 U.S. 38 (U.S. 2007) (standard for appellate review of sentence; reasonableness framework)
- United States v. Feemster, 572 F.3d 455 (8th Cir. 2009) (abuse-of-discretion standard; presumptive reasonableness for within-Guidelines sentences)
- United States v. Frausto, 636 F.3d 992 (8th Cir. 2011) (within-Guidelines sentence presumptively reasonable; consider 3553(a) factors)
- United States v. Townsend, 618 F.3d 915 (8th Cir. 2010) (lengthy, well-reasoned sentencing colloquy supports reasonableness)
- Spears v. United States, 555 U.S. 261 (U.S. 2009) (policy disagreements with a Guideline do not require reversal)
- Graham v. Florida, 560 U.S. 46 (U.S. 2010) (juvenile sentencing considerations; maturity and potential for rehabilitation)
- Roper v. Simmons, 543 U.S. 551 (U.S. 2005) (juvenile justice; youth development and culpability)
- United States v. Vasquez, 433 F.3d 666 (8th Cir. 2006) (disparities considerations; need not be unwarranted)