United States of America v. Cleo D. Johnson, III

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 23-3592
___________________________
United States of America
Plaintiff - Appellee
v.
Cleo D. Johnson, III
Defendant - Appellant
____________
Appeal from United States District Court
for the Western District of Missouri - Kansas City
____________
Submitted: September 23, 2024
Filed: October 22, 2024
[Unpublished]
____________
Before SMITH, ERICKSON, and STRAS, Circuit Judges.
____________
PER CURIAM.
Cleo Johnson appeals after the district court1 varied upward from the
Sentencing Guidelines and sentenced him to 84 months’ imprisonment. He
challenges the substantive reasonableness of his sentence.
1 The Honorable Greg Kays, United States District Judge for the Western
District of Missouri.

-- 1 of 2 --

-2-
After careful review of the record, we conclude that the district court did not
abuse its discretion in varying upward by 21 months. See United States v. Henry,
770 Fed. Appx. 309, 310-11 (8th Cir. 2019) (per curiam) (finding no abuse of
discretion with a 66-month upward variance based on the district court’s reasoned
basis supported by the evidence). In varying upward, the district court considered
factors not already accounted for by the Guidelines and determined the Guidelines
failed to give sufficient weight to other factors. See United States v. Petersen, 22
F.4th 805, 808 (8th Cir. 2022) (court may vary upward if it determines “the weight
the Guidelines assigned to a particular factor was insufficient”). The district court’s
reasoning is supported by the evidence.
Accordingly, we affirm.
______________________________

-- 2 of 2 --