United States v. Jerry Franklin
2012 U.S. App. LEXIS 20501
| 8th Cir. | 2012Background
- Franklin pled guilty to possession with intent to distribute methamphetamine and was sentenced to 216 months after an upward departure/variance under § 5K2.2.
- Initial advisory Guidelines range was 87–108 months before the government's 5K2.2 motion based on police officers’ significant injuries.
- District court considered Franklin’s history, methamphetamine intoxication, and the officers’ injuries, and granted an upward departure/variance to 216 months.
- Franklin did not object to the departure/variance or the district court’s reasoning.
- On appeal, Franklin challenges procedural and substantive errors related to the departure/variance and the lack of explicit focus on Franklin’s intent.
- The panel affirmed, concluding there was no reversible procedural error and the sentence was substantively reasonable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Procedural error in 5K2.2 departure/variance | Franklin argues lack of intent consideration in 5K2.2 | District court acted within discretion and variance/departure was proper | No reversible procedural error; variance/departure affirmed |
| Substantive reasonableness of 216-month sentence | Sentence unreasonably reflects lack of intent in injuring officers | District court adequately considered § 3553(a) factors | Sentence not substantively unreasonable |
Key Cases Cited
- United States v. Richart, 662 F.3d 1037 (8th Cir. 2011) (upward departure under 5K2.2 can be substantial where injuries are substantial)
- United States v. Reyes, 557 F.3d 84 (2d Cir. 2009) (upward departure under 5K2.2 not error or abuse when injuries are permanent/life-threatening)
- United States v. Gray, 533 F.3d 942 (8th Cir. 2008) (court aware of 3553(a) factors; not require explicit rejoinder to every argument)
- United States v. Perkins, 526 F.3d 1107 (8th Cir. 2008) (awareness of § 3553(a) factors supports reasonable sentence)
- United States v. White Face, 383 F.3d 733 (8th Cir. 2004) (district court's consideration of 3553(a) factors suffices for reasonableness review)
- Gall v. United States, 552 U.S. 38 (2007) (establishes standard for procedural and substantive review of sentencing)