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211578P.pdf 04/04/2022 United States v. Malik Ross
U.S. Court of Appeals Case No: 21-1578
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Gruender, Author, with Loken and Erickson, Circuit Judges]
Criminal case - Sentencing. The district court adequately explained its
reasons to vary upward in the case by 9 years; the courtstated that it
considered defendant's intellectual disability before making its
sentencing decision, and a failure to discuss the disability issue at
length does not make the sentencing explanation inadequate; defendant's
sentence was not substantively unreasonable; the upward variance, while
significant, was supported by the serious nature of the conduct in the
case, including the uncharged killing of a seven-year-old boy. Judge
Erickson, concurring.