United States of America v. Fred Quiver, also known as Fred Brings Plenty
No. 18-2228
United States Court of Appeals for the Eighth Circuit
May 29, 2019
Submitted: March 15, 2019
Before GRUENDER, BENTON, and GRASZ, Circuit Judges.
GRUENDER, Circuit Judge.
Elizabeth LeBeau murdered Emily Bluebird by strangling her and by striking her head with a hammer. Fred Quiver was present during the murder. Quiver and LeBeau took Bluebird‘s body to the bathroom shower and washed it. Quiver poured bleach over Bluebird‘s body to destroy DNA evidence. Quiver and LeBeau moved Bluebird‘s body four times before it was discovered approximately three weeks after the murder. Quiver pleaded guilty to being an accessory to a second-degree murder in violation of
Quiver first argues that he received ineffective assistance of counsel. Generally, ineffective assistance of counsel claims are better left for post-conviction proceedings. United States v. Cook, 356 F.3d 913, 919 (8th Cir. 2004). Such claims are proper on direct appeal only in exceptional cases where the record has
Quiver also appeals his above-guidelines sentence. We review a district court‘s sentence in two steps: first, we review for significant procedural error; and second, if there is no significant procedural error, we review for substantive reasonableness. United States v. O‘Connor, 567 F.3d 395, 397 (8th Cir. 2009). In reviewing a sentence for procedural error, we review the district court‘s factual findings for clear error and its application of the guidelines de novo. United States v. Barker, 556 F.3d 682, 689 (8th Cir. 2009). Our review of the substantive reasonableness of a sentence for abuse of discretion is highly deferential. United States v. Cole, 765 F.3d 884, 886 (8th Cir. 2014).
Quiver alleges that the district court committed procedural error by failing to adequately explain the sentence. We conclude that the district court‘s explanation was sufficient. It carefully considered all the
Quiver also argues that it was procedural error for the district court to apply an upward departure pursuant to
As to the substantive reasonableness of the sentence, it will be the unusual case when we reverse a district court sentence—whether within, above, or below the applicable Guidelines range—as substantively unreasonable. United States v. Feemster, 572 F.3d 455, 464 (8th Cir. 2009) (en banc). A district court abuses its discretion and imposes an unreasonable sentence when it fails to consider a relevant factor that should have received significant weight; gives significant weight to an improper or irrelevant factor; or considers only the appropriate factors but commits a clear error of judgment. O‘Connor, 567 F.3d at 397. Where [a] district court in imposing a sentence makes an individualized assessment based on the facts presented, addressing the defendant‘s proffered information in its consideration of the
For the foregoing reasons, we affirm.
