Dist. Ct. did not err in sentencing defendant to 120-month term of incarceration on charge of possession of destructive device. While applicable guideline range was only 33-41 months, Dist. Ct. provided adequate explanation for imposition of instant statutory maximum sentence, which included need to protect public from defendant, who showed no remorse for placement pipe bomb in mailbox, and who made lifetime of excuses for his criminal behavior. Dist. Ct. also could credit testimonies of defendant’s former sister-in-law, who stated that defendant had threatened her with gun while on release in instant case and of ex-wife, who stated that defendant used fire as means of intimidation. Moreover, instant sentence was not substantively improper, even though defendant claimed that instant sentence created substantial risk of unwarranted sentencing disparities between himself and more culpable offenders.
Federal 7th Circuit Court
Criminal Court
Sentencing