United States v. Olando Earl Harris, Jr.

Summary

The Eleventh Circuit affirmed a 92-month sentence for felon in possession of a firearm under 18 U.S.C. § 922(g)(1), which was an upward variance from the 33–41 month Guidelines range. The district court procedurally adequately explained the variance by citing the defendant's criminal history and his role in starting a confrontation that led to a death, and it considered his post-offense conduct. The sentence was substantively reasonable because the court did not abuse its discretion in weighing the § 3553(a) factors, and the defendant failed to show the sentence was greater than necessary.

Holdings

1. The district court adequately explained its chosen sentence by taking into account Harris's extensive criminal record, that he started the violent confrontation that led to a death, and that it considered his post-offense conduct.
2. The sentence was not substantively unreasonable because the district court did not commit a clear error of judgment in weighing the § 3553(a) factors.

Questions Presented

1. Whether the district court adequately explained its deviation from the Sentencing Guidelines (procedural reasonableness).
2. Whether the sentence was substantively unreasonable in light of Harris's post-offense behavior.

Disposition

affirmed