DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
041995P.pdf 05/02/2005 USA v. Arend Mathijssen
U.S. Court of Appeals Case No: 04-1995
District of Nebraska
Criminal case - Sentencing Guidelines. The unreasonableness standard
articulated in Booker applies only to the district court's determination of
the appropriate ultimate sentence to impose based on all the factors set
forth in 18 U.S.C. Sec. 3553(a), not to the district court's interpretation
of the meaning and applicability of the guidelines themselves; here, because
defendant has alleged only that the district court improperly applied the
guidelines, and has not raised any general challenge to his sentence based
on the Supreme Court's recent decisions, the court would apply de novo
review and would not reach the issue of reasonableness; the district court
did not err in imposing an enhancement for possession of a dangerous
weapon in connection with the drug offense; nor did the court err when it
increased defendant's sentence based on its finding that he was a career
offender.
[PUBLISHED] [Wollman, Author, with Magill and Colloton, Circuit Judges]