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062804P.pdf 02/09/2007 USA v. Celeste Akers
U.S. Court of Appeals Case No: 06-2804
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] Bye, Author, with Wollman and Melloy, Circuit
Judges]
Criminal case - Sentencing. 46-month sentence imposed on federal
prison guard who smuggled drugs into the facility was not unreasonable;
someone who smuggles drugs into a prison is not similarly situated to
someone who sells drugs on the street, and imposing a longer sentence on
the smuggler does not create a sentencing disparity; challenge to
Guidelines Sec. 2P1.2 rejected; district court properly considered the
factors set out in 18 U.S.C. S3c. 3553(a) and did not err in rejecting
defendant's arguments for a lesser sentence based on her claims of
mitigating circumstances.