United States v. Timberlake
2012 U.S. App. LEXIS 11379
| 8th Cir. | 2012Background
- Timberlake, a felon, was found with a loaded .40 caliber pistol during a traffic stop in Brooklyn Center, Minnesota.
- Two additional firearms and 12.8 grams of marijuana were recovered from the vehicle in which Timberlake was a passenger.
- Timberlake pled guilty to felon in possession of a firearm; plea agreement set base level 14 under U.S.S.G. § 2K2.1(a)(6) with no 2K2.1(b) enhancements and a two-level acceptance of responsibility reduction, yielding an adjusted level of 12 and criminal history level VI.
- The plea agreement anticipated a Guidelines range of 30–37 months, but both parties reserved the right to seek a sentence outside that range pending full sentencing evidence.
- The Probation Office later calculated an adjusted offense level of 23 with a level VI history, producing a 92–115 month range, contradicting the plea-based calculation.
- The Government moved for an upward departure under 4A1.3 and for an upward variance under 18 U.S.C. § 3553(a); the district court granted both, increasing Timberlake’s offense level and imposing an 80-month sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Procedural adequacy of 4A1.3 departure | Timberlake contends the court failed to apply 4A1.3 incrementally. | Timberlake argues the court’s method and explanation were incomplete. | Harmless error; intentional reliance on §3553(a) variance supports the sentence. |
| Substantive reasonableness of sentence | 80 months overly punitive given mitigating factors. | Court weighed history and offense appropriately to deter recidivism. | No abuse of discretion; sentence reasonable under 3553(a). |
Key Cases Cited
- United States v. Dace, 660 F.3d 1011 (8th Cir. 2011) (procedural errors reviewed for significance in sentencing)
- Gall v. United States, 552 U.S. 38 (S. Ct. 2007) (reasonableness review for sentences under 18 U.S.C. § 3553(a))
- United States v. Johnson, 572 F.3d 449 (8th Cir. 2009) (harmless error when sentence based on variance factors)
- United States v. Sanchez-Martinez, 633 F.3d 658 (8th Cir. 2011) (upward sentence supported by §3553(a) variance rationale)
- United States v. Wilcox, 666 F.3d 1154 (8th Cir. 2012) (substantive unreasonableness reviewed for abuse of discretion)
- United States v. Ruelas-Mendez, 556 F.3d 655 (8th Cir. 2009) (district court discretion in weighing § 3553(a) factors)