CASE LAW UPDATE:  Whether the trial court did not err in its sentence of defendant on threats to assault and murder a federal official?   

Defendant pleaded guilty to threatening to assault and murder a federal official in federal court.  It may be noted that generally speaking, the more serious cases are prosecuted in federal court; additionally, the sentences in federal court are generally much longer than those in state court.  He was sentenced.  Defendant appealed his sentence.  Defendant argued his sentence and special conditions of supervised release were substantively unreasonable.  The Eighth Circuit Court of Appeals held that the above Guidelines sentence was substantively reasonable given defendant’s persistent threats, and, his efforts to recruit others to commit murders.  Additionally, the two special conditions ofrequiring that he participate in a substance abuse program, and, that he receive mental health treatment, were proper, because the record adequately supported the conditions.  A general rule of thumb is that pursuant to due process of law, conditions of a sentence should be related to the underlying criminal conduct.  Additionally, if there are aggravating circumstances in a case, that will support a longer prison sentence.  Affirmed.

United States v. Jackson, 21-1744, per curiam.  Appealed from United States District Court, Eastern District of Arkansas.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Recommended Posts