United States v. Sean Gasaway
2012 U.S. App. LEXIS 12269
| 8th Cir. | 2012Background
- Gasaway pled guilty to felon in possession of a firearm under 18 U.S.C. § 922(g)(1).
- Police surveillance linked a gun found in Gasaway’s vehicle to him after an outstanding arrest warrant was discovered during a car check.
- The rifle found was loaded with six rounds and had a chambered round, located behind the driver’s seat; Gasaway had prior felony convictions.
- Guidelines range at sentencing was 27–33 months, based on an adjusted offense level of 12 and a Category V criminal history.
- Gasaway requested bottom of range due to life circumstances; the Government sought top of range due to extensive criminal history; the district court varied upward to 65 months and imposed three years of supervised release.
- Gasaway had a prior felon-in-possession conviction and a recent witness intimidation; a supervised-release revocation petition was pending at the time of the instant arrest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there procedural error in considering § 3553(a)? | Gasaway | Gasaway | No procedural error; court adequately considered factors |
| Was the sentence substantively reasonable given § 3553(a) factors and the deviation from the guidelines? | Gasaway | Gasaway | Yes; district court properly weighed factors and did not abuse discretion |
Key Cases Cited
- United States v. Keating, 579 F.3d 891 (8th Cir. 2009) (plain-error review when procedural objections not raised at sentencing)
- United States v. Deegan, 605 F.3d 625 (8th Cir. 2010) (plain-error review for § 3553(a) procedural challenges)
- United States v. McGlothen, 556 F.3d 698 (8th Cir. 2009) (court need not reference every § 3553(a) factor; general consideration suffices)
- United States v. Benton, 627 F.3d 1051 (8th Cir. 2010) (district court presumed to know the law and adequately consider factors)
- United States v. Shuler, 598 F.3d 444 (8th Cir. 2010) (substantive review of § 3553(a) is narrow and deferential)
- United States v. Feemster, 572 F.3d 455 (8th Cir. 2009) (en banc; standard for reviewing variances from the Guidelines)
- Gall v. United States, 552 U.S. 38 (U.S. 2007) (standard of review for variances; deferential to district court)
- United States v. Osei, 679 F.3d 742 (8th Cir. 2012) (extent of § 3553(a) factor consideration within district court discretion)