121300P.pdf   10/02/2012  United States  v.  Jerry Franklin
   U.S. Court of Appeals Case No:  12-1300
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Chief Judge Riley, Author, with Smith, and Colloton,
   Circuit Judges]
   Criminal Case - sentence. District court's sentence of 108 months
   above advisory guidelines under USSG sec 5K2.2 and 2A2.2 after
   Franklin drove a truck into the path of a parked police care while
   intoxicated on methamphetamine and severely injuring police officer was
   in the form of a variance and was not an abuse of discretion. Ample
   evidence suggests Franklin knowingly risked injuring officers and
   although district court did not refer to Franklin's state of mind and
   whether he intended the injury, the court did not plainly err in explaining
   the reasons for the variance or departure. Sentence was not substantively
   unreasonable.