United States v. Kayline LaBelle
24-1041
8th Cir.Apr 14, 2025Background
- Kayline Joy LaBelle, former treasurer of the Buffalo Lake District of the Sisseton-Wahpeton Oyate Sioux Reservation, embezzled over $203,000 over five years by writing unauthorized checks, mostly to herself and some to associates.
- A federal grand jury indicted LaBelle on five counts of embezzlement and theft from an Indian tribal organization; she pleaded guilty to one count pursuant to a plea agreement allowing limited appellate review.
- The presentence report set a guidelines range of 30–37 months but the district court applied enhancements for abuse of trust and a leadership role, then imposed the statutory maximum 60-month sentence based on an upward departure/variance.
- At sentencing, the district court emphasized the breadth and seriousness of LaBelle’s repetitive conduct, lack of restitution, and her failure to fully accept responsibility.
- LaBelle appealed, challenging procedural errors in sentence enhancements, the upward departure, and the substantive reasonableness of her sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Leader/organizer enhancement under U.S.S.G. § 3B1.1(a) | Application lacked sufficient evidentiary support and explanation. | Waiver bars appellate review under plea agreement; enhancement was proper. | Waiver enforced; appeal on this issue not allowed. |
| Upward departure for criminal history under U.S.S.G. § 4A1.3 | Departure lacked reliable evidentiary basis and failed to sufficiently explain why lower criminal history categories were inadequate. | PSR and record support upward departure due to distinct, repetitive acts not charged separately. | District court did not abuse discretion; reasoning adequate. |
| Reliance on pre-2018 conduct for sentencing | Court improperly speculated about uncharged embezzlement outside statute of limitations. | Court merely discussed but did not rely on uncharged pre-2018 conduct. | No improper reliance; no procedural error. |
| Substantive reasonableness of 60-month sentence | Court overemphasized check volume, underweighted mitigation. | Sentence justified by seriousness, lack of restitution, and deterrence needs. | Sentence not substantively unreasonable; affirmed. |
Key Cases Cited
- United States v. Feemster, 572 F.3d 455 (8th Cir. 2009) (setting forth standard of review for sentencing procedure and substantive reasonableness)
- United States v. Kistler, 70 F.4th 450 (8th Cir. 2023) (explaining abuse-of-discretion standard for sentencing)
- United States v. Guice, 925 F.3d 990 (8th Cir. 2019) (enforcing appellate waivers in plea agreements)
- United States v. Mees, 640 F.3d 849 (8th Cir. 2011) (upward departure for underrepresented criminal history justified when single charge understates conduct)
- United States v. Azure, 536 F.3d 922 (8th Cir. 2008) (explaining process and explanation required for upward departures)