United States v. Jerry Harvey
690 F. App'x 434
8th Cir.2017Background
- In Nov. 2014 Jerry Harvey provided heroin to 17-year-old K.C.C.; she died the next morning from heroin ingestion.
- Harvey was charged with distributing heroin and causing K.C.C.’s death; he pled guilty to the lesser-included offense of distribution in violation of 21 U.S.C. § 841(a), (b)(1)(C).
- The Sentencing Guidelines range exceeded the statutory maximum; under U.S.S.G. § 5G1.1(a) the advisory guideline sentence was the statutory maximum of 240 months.
- The district court sentenced Harvey to 240 months imprisonment and declined to grant a downward variance.
- Harvey appealed, arguing procedural error (insufficient explanation under 18 U.S.C. § 3553(a)) and that the sentence was substantively unreasonable.
- The Eighth Circuit reviewed for abuse of discretion and affirmed the sentence.
Issues
| Issue | Plaintiff's Argument (Harvey) | Defendant's Argument (Government/District Court) | Held |
|---|---|---|---|
| Whether the district court procedurally erred by failing to adequately explain why a shorter sentence would suffice | The court did not sufficiently explain why a downward variance was unwarranted or show it considered § 3553(a) factors | The record shows the court considered mitigating evidence, offense seriousness, and defendant’s criminal history before denying a variance | No procedural error; court adequately considered § 3553(a) factors |
| Whether the 240-month sentence was substantively unreasonable | The sentence was excessive given Harvey’s mitigating characteristics | The statutory maximum (240 months) is presumed reasonable when Guidelines exceed the statutory maximum; the court reasonably weighted offense seriousness over mitigation | Sentence not substantively unreasonable; presumption of reasonableness not rebutted |
Key Cases Cited
- Gall v. United States, 552 U.S. 38 (explains procedural and substantive reasonableness review under 18 U.S.C. § 3553(a))
- United States v. Feemster, 572 F.3d 455 (en banc) (district court must show it considered § 3553(a) factors)
- United States v. Leonard, 785 F.3d 303 (per curiam) (statutory-maximum sentences are presumed reasonable when Guidelines exceed statutory maximum)
- United States v. Shafer, 438 F.3d 1225 (supports presumption that statutory maximum is reasonable)