United States v. Heriberto Barron ( 2020 )


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  •                  United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 19-1405
    ___________________________
    United States of America
    Plaintiff - Appellee
    v.
    Heriberto Banuelos Barron
    Defendant - Appellant
    ____________
    Appeal from United States District Court
    for the District of Minnesota
    ____________
    Submitted: October 21, 2020
    Filed: December 7, 2020
    [Unpublished]
    ____________
    Before SMITH, Chief Judge, LOKEN and GRUENDER, Circuit Judges.
    ____________
    PER CURIAM.
    Heriberto Banuelos Barron pleaded guilty to one count of aiding and abetting
    distribution of more than fifty grams of methamphetamine. See generally 
    21 U.S.C. § 841
    (a)(1), (b)(1)(A). Barron had a total offense level of 33, a criminal-history
    category of IV based on 9 criminal-history points, and an advisory sentencing
    guidelines range of 188 to 235 months’ imprisonment. The district court 1 sentenced
    him to 150 months’ imprisonment, 38 months below the bottom end of his guidelines
    range. On appeal, Barron challenges his sentence as substantively unreasonable,
    claiming that it was greater than necessary to punish him for his offense.
    We “consider the substantive reasonableness of the sentence imposed under
    an abuse-of-discretion standard.” Gall v. United States, 
    552 U.S. 38
    , 51 (2007).
    “When conducting this review,” we “take into account the totality of the
    circumstances, including the extent of any variance from the Guidelines range.” 
    Id.
    “Sentencing courts have wide discretion to weigh the [18 U.S.C.] § 3553(a) factors.”
    United States v. Donahue, 
    959 F.3d 864
    , 867 (8th Cir. 2020) (internal brackets and
    ellipses omitted). “A sentencing court abuses its discretion if 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 in weighing those factors.” United States v.
    Johnson, 
    812 F.3d 714
    , 715 (8th Cir. 2016) (per curiam). “When a district court has
    sentenced a defendant below the advisory Guidelines range, it is nearly
    inconceivable that the court abused its discretion in not varying downward still
    further.” United States v. Nevatt, 
    960 F.3d 1015
    , 1022 (8th Cir. 2020) (per curiam)
    (internal brackets omitted).
    Barron was sentenced below the bottom end of his guidelines range, making
    it nearly inconceivable that the district court abused its discretion by imposing a
    substantively unreasonable sentence. See 
    id.
     The district court noted the terrible
    effects methamphetamine has on individuals and the community as well as the “huge
    amounts” of it involved in this case. The court also stated that Barron’s criminal
    history was not “over-represent[ed]” and that his criminal-history points placed him
    “at the top” of criminal-history category IV. See U.S.S.G. § 5A. After reviewing
    1
    The Honorable Ann D. Montgomery, United States District Judge for the
    District of Minnesota.
    -2-
    the record, we conclude that the district court did not abuse its discretion in
    sentencing Barron. Therefore, we affirm.
    ______________________________
    -3-
    

Document Info

Docket Number: 19-1405

Filed Date: 12/7/2020

Precedential Status: Non-Precedential

Modified Date: 12/7/2020