United States v. Robert Buss , 583 F. App'x 579 ( 2014 )


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  •                   United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 14-1913
    ___________________________
    United States of America
    lllllllllllllllllllll Plaintiff - Appellee
    v.
    Robert Buss
    lllllllllllllllllllll Defendant - Appellant
    ____________
    Appeal from United States District Court
    for the Northern District of Iowa - Dubuque
    ____________
    Submitted: November 10, 2014
    Filed: November 19, 2014
    [Unpublished]
    ____________
    Before RILEY, Chief Judge, BEAM and GRUENDER, Circuit Judges.
    ____________
    PER CURIAM.
    Robert Buss challenges as unreasonable his 240-month sentence, imposed
    following his guilty plea to distributing child pornography in violation of 
    18 U.S.C. § 2252
    . Buss alleges that the sentence, which was actually below the calculated
    Guidelines range of 292 to 365 months due to the statutory maximum, is substantively
    unreasonable. Buss argues the district court1 refused to give weight to the mitigating
    elements of 
    18 U.S.C. § 3553
    (a) unless they were "extraordinary," while not applying
    the same standard to the aggravating components of § 3553(a).
    We review the substantive reasonableness of Buss's sentence for an abuse of
    discretion. United States v. Pappas, 
    715 F.3d 225
    , 229 (8th Cir. 2013). We must first
    ensure that the district court committed no significant procedural error, and then
    consider "the totality of the circumstances" in determining if an abuse of discretion
    occurred. Gall v. United States, 
    552 U.S. 38
    , 51 (2007). "A sentence within the
    advisory guidelines range is presumptively reasonable on appeal." Pappas, 715 F.3d
    at 230. Having thoroughly reviewed the record, we find Buss's arguments to be
    without merit. The district court carefully considered the § 3553(a) factors as applied
    to Buss, both mitigating and aggravating, in imposing the sentence. No abuse of
    discretion has occurred, and we affirm Buss's presumptively reasonable sentence.
    ______________________________
    1
    The Honorable Linda R. Reade, Chief Judge, United States District Court for
    the Northern District of Iowa.
    -2-
    

Document Info

Docket Number: 14-1913

Citation Numbers: 583 F. App'x 579

Filed Date: 11/19/2014

Precedential Status: Non-Precedential

Modified Date: 1/13/2023