United States v. Fernando Salgado
656 F. App'x 264
8th Cir.2016Background
- Fernando Salgado, an inmate at FCC Forrest City, was tried for assault resulting in serious bodily injury; jury convicted him of the lesser included offense of assault by striking, beating, or wounding (18 U.S.C. § 113(a)(4)).
- The assault occurred in the Special Housing Unit recreation yard; Salgado contends he spent 33 months in solitary confinement after the incident.
- District court calculated a Guidelines range of 21–27 months (Criminal History VI) but the statutory maximum for the conviction was 12 months.
- At sentencing, Salgado asked for the 12-month term to run concurrently with his unrelated 210-month sentence, citing his time in solitary confinement; the court denied the request.
- The district court imposed the 12-month sentence to run consecutively to the unrelated sentence, noting codefendants received consecutive sentences and their conduct was not meaningfully different.
- Salgado appealed, arguing the consecutive sentence was substantively unreasonable and greater than necessary under 18 U.S.C. § 3553(a).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 12-month consecutive sentence was substantively unreasonable under § 3553(a) | Salgado: time spent in solitary confinement is a mitigating factor; his sentence should run concurrently because the consecutive 12 months is greater than necessary | Government/District Court: considered § 3553(a) factors and codefendants’ sentences; consecutive sentence avoids unwarranted disparity | Affirmed: sentence is substantively reasonable; district court properly weighed § 3553(a) factors and sentencing disparity concerns |
Key Cases Cited
- United States v. Garcia, 774 F.3d 472 (8th Cir.) (abuse-of-discretion standard for substantive reasonableness review)
- United States v. Sandoval-Sianuqui, 632 F.3d 438 (8th Cir.) (standard for reviewing sentencing reasonableness)
- United States v. French, 719 F.3d 1002 (8th Cir.) (when a sentence is substantively unreasonable)
- United States v. Jones, 509 F.3d 911 (8th Cir.) (defining circumstances that render a sentence substantively unreasonable)
- United States v. Roberts, 747 F.3d 990 (8th Cir.) (district court’s wide latitude to weigh § 3553(a) factors)
- United States v. Lozoya, 623 F.3d 624 (8th Cir.) (same)