United States of America v. Lamonte Dior Dickens

23-1329Court of Appeals for the Eighth CircuitNov 30, 2023

Full text

United States Court of Appeals
For the Eighth Circuit
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No. 23-1139
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United States of America
Plaintiff - Appellee
v.
Lamonte Dior Dickens
Defendant - Appellant
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Appeal from United States District Court
for the Northern District of Iowa - Cedar Rapids
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Submitted: October 16, 2023
Filed: November 13, 2023
[Unpublished]
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Before GRUENDER, STRAS, and KOBES, Circuit Judges.
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PER CURIAM.
The district court1 sentenced Lamonte Dickens to 46 months in prison after
he pleaded guilty to being a felon in possession of a firearm. See 18 U.S.C.
§ 922(g)(1). He argues that the sentence is substantively unreasonable.
1 The Honorable C.J. Williams, United States District Judge for the Northern
District of Iowa.

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-2-
We conclude otherwise. See United States v. Harris, 960 F.3d 1103, 1106
(8th Cir. 2020) (reviewing for an abuse of discretion); United States v. Callaway,
762 F.3d 754, 760 (8th Cir. 2014) (stating that a within-Guidelines sentence is
presumed reasonable). The record establishes that the district court sufficiently
considered the statutory sentencing factors, 18 U.S.C. § 3553(a), and did not rely on
an improper factor or commit a clear error of judgment. See United States v.
Feemster, 572 F.3d 455, 461–62 (8th Cir. 2009) (en banc). In doing so, the court
specifically discussed several mitigating factors, but ultimately placed greater
weight on Dickens’s criminal history and resistance to rehabilitation. There was no
abuse of discretion, see United States v. Keating, 579 F.3d 891, 893–94 (8th Cir.
2009), so we affirm the judgment of the district court.
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