United States v. Curtis Grandon
2013 U.S. App. LEXIS 9890
| 8th Cir. | 2013Background
- Grandon pled guilty to possession of firearms by an unlawful user of controlled substances and possession of stolen firearms, yielding a 132-month sentence after upward departure or variance.
- In 2010, Grandon and three others burglarized a Marion, Iowa home, stole at least seventeen firearms, and distributed them after removing trigger locks.
- At sentencing, Grandon admitted using a prescription narcotic while jailed awaiting trial.
- Sergeant Miller testified that Grandon allegedly admitted shooting Jagarius Bell; three cellmates and Muhidin corroborated, and district court credited the reports.
- The district court calculated an initial guideline range of 87–108 months, then imposed an upward departure or variance, resulting in a 132-month sentence, which Grandon challenges on appeal.
- Grandon appeals the variance and/or departure as improper under sentencing rules.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Procedural validity of the variance | Grandon argues the variance rested on unreliable evidence about Bell. | Grandon contends the district court erred by relying on hearsay evidence with insufficient reliability. | Variance upheld; no procedural error found based on reliable hearsay per guidelines. |
| Substantive reasonableness vs. departure distinction | Grandon claims the variance largely duplicated the departure grounds and was improper. | District court properly weighed §3553(a) factors; variance independent of departure. | Court allowed variance; not an abuse of discretion; departure error, if any, was harmless. |
Key Cases Cited
- Gall v. United States, 552 U.S. 38 (2007) (procedural error and review framework for sentencing)
- Spotted Elk, 632 F.3d 455 (8th Cir. 2011) (abuse-of-discretion review of sentence)
- Franklin, 695 F.3d 753 (8th Cir. 2012) (procedural vs substantive reasonableness in sentencing)
- Richart, 662 F.3d 1037 (8th Cir. 2011) (proper consideration of §3553(a) factors; caution on improper weight of factors)
- Saddler, 538 F.3d 879 (8th Cir. 2008) (guidelines discretion and testing for reasonableness of variance/departure)
- Idriss, 436 F.3d 946 (8th Cir. 2006) (harmless error standard for potential departure error when variance later imposed)