Prisoner’s Possession Sentence Affirmed

In Ferguson v. US, No. 10-1127, the court affirmed defendant’s sentence for possession of a prohibited object in prison where 1) the district court imposed an upward variance and thus was not required to follow the procedural requirements for departing; 2) there was no plain error in the procedural adequacy of the court’s consideration; and 3) although some might argue that there was a degree of unfairness when non-personal characteristics contributed to a sentence, here the district court’s focus on deterrence and its balancing of the section 3553(a) factors did not make the sentence unreasonable.

Related Resources

  • Read the Eighth Circuit’s Decision in Ferguson v. US, No. 10-1127

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