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21-3754•United States of America v. Tobias Sarazin
21-3754Court of Appeals for the Eighth CircuitMar 31, 2022
United States Court of Appeals
For the Eighth Circuit
___________________________
No. 21-1475
___________________________
United States of America
Plaintiff - Appellee
v.
Tobias Sarazin
Defendant - Appellant
____________
Appeal from United States District Court
for the Northern District of Iowa
____________
Submitted: January 10, 2022
Filed: March 14, 2022
[Unpublished]
____________
Before BENTON, SHEPHERD, and STRAS, Circuit Judges.
____________
PER CURIAM.
Tobias Sarazin, who pleaded guilty to a firearm offense, received a 60-month
prison sentence. See 18 U.S.C. §§ 922(g)(3), 922(g)(8), 922(g)(9), and 924(a)(2).
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He argues that the sentence, which the district court1 imposed after varying upward,
is unreasonably long.
We conclude that Sarazin received a substantively reasonable sentence. See
United States v. Feemster, 572 F.3d 455, 464 (8th Cir. 2009) (en banc) (reviewing
the reasonableness of a sentence under a “deferential abuse-of-discretion standard”
(quotation marks omitted)). The record establishes that the district court sufficiently
considered the statutory sentencing factors, including both mitigating and
aggravating circumstances. 18 U.S.C. § 3553(a). It was free to consider the need
for incapacitation, given that more “lenien[t]” sentences “ha[d] not been effective,”
United States v. Walking Eagle, 553 F.3d 654, 657 (8th Cir. 2009) (quotation marks
omitted), for this seventeen-time offender with “a history of violence and
recidivism.” Just because Sarazin would have weighed these factors differently does
not mean the court abused its discretion by varying upward. See United States v.
Hall, 825 F.3d 373, 375 (8th Cir. 2016) (per curiam).
We accordingly affirm the judgment of the district court.
______________________________
1 The Honorable C.J. Williams, United States District Judge for the Northern
District of Iowa.
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