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.
083769P.pdf 10/20/2009 United States v. Jay Beane
U.S. Court of Appeals Case No: 08-3769
U.S. District Court for the Northern District of Iowa - Sioux City
[PUBLISHED] [Colloton, Author, with Melloy and Beam, Circuit Judges]
Criminal case - Sentencing. It was not error for the district court to
consider whether a particular sentence would be reversed on appeal when
the court determined the appropriate sentence as appellate decisions on
the reasonableness of sentencing judgments necessarily embody
application of the factors and purposes set forth in 3553(a), and
consideration of such decisions properly aid the court's exercise of its
sentencing discretion; sentence was not unreasonable; because defendant
was a career offender under Guidelines Sec. 4B1.1, his offense level was
determined by the statutory maximum penalty for the offense and not by
Sec. 2D1.1 and its crack-powder ratio.