United States v. Mario Claiborne, 439 F.3d 479 (8th Cir. 2006). · Go Syfert
United States v. Mario Claiborne, 439 F.3d 479 (8th Cir. 2006). Cases Citing This Book View Copy Cite
ScopeOverruled by Gall v. United States: 2 citing opinions say overruled outright and 1 adds another limit ("vacated (caution)").
2 outright 1 other limit
How later opinions annotate it (2 examples)
  • outright …The district court declined to grant the departure or variance, noting current Eighth Circuit law, namely United States v. Claiborne, 439 F.3d 479 (8th Cir.2006), overruled by Gall v. United States, — U.S.-, 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007), precluded a variance. — United States v. Huff, 514 F.3d 818 (8th Cir. 2008)
  • vacated (caution) …This court’s case law at that time included United States v. Claiborne, 439 F.3d 479 (8th Cir. 2006), vacated, 551 U.S. 87 , 127 S.Ct. 2245 , 167 L.Ed.2d 1080 (2007), which held that a sentence outside the Guidelines range had to be supported by a justification that was proportional to the difference be — United States v. Dexter Ross, 323 F. App'x 483 (8th Cir. 2009)
Counts are distinct citing opinions whose annotation names this case. The flag stays red when any point is no longer good law; the scope says how far that reaches.
152 citation events (152 in the last 25 years) across 12 distinct courts.
Treatment trajectory · 2006 → 2026 · click a year to view as-of
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Cited for
At page 481 “comparably extraordinary circumstances.”32 citing cases2 citing courts quote it · Red (inherited from the case)
  • United States v. Julie Miller, No. 06-1781 (8th Cir. Mar. 26, 2007).
    (How compelling that justification must be is proportional to the extent of the difference between the advisory range and the sentence imposed.)
  • United States v. Christopher Smith, No. 07-2956 (8th Cir. July 28, 2009).
    “One formulation [of this proportionality review] asked whether an ‘extraordinary variance’ was supported by ‘comparably extraordinary circumstances.’” Id. (quoting United States v. Claiborne, 439 F.3d 479, 481 (8th Cir. 2006), vacated as…
  • United States v. Smith, 573 F.3d 639 (8th Cir. 2009). 2 cites
    “One formulation [of this proportionality review] asked whether an ‘extraordinary variance’ was supported by ‘comparably extraordinary circumstances.’ ” Id. (quoting United States v. Claiborne, 439 F.3d 479, 481 (8th Cir.2006), vacated as…
  • United States v. Marron-Garcia, 555 F.3d 1040 (8th Cir. 2009).
    One formulation asked whether an “extraordinary variance” was supported by “comparably extraordinary circumstances.” United States v. Claiborne, 439 F.3d 479, 481 (8th Cir.2006), vacated as moot, 551 U.S. 87 , 127 S.Ct. 2245 , 167 L.Ed.2d…
  • United States v. David Marron-Garcia, No. 07-3637 (8th Cir. Feb. 26, 2009).
    One formulation asked whether an “extraordinary variance” was supported by “comparably extraordinary circumstances.” United States v. Claiborne, 439 F.3d 479, 481 (8th Cir. 2006), vacated as moot, 551 U.S. 87 (2007).
  • United States v. Lee, 553 F.3d 598 (8th Cir. 2009).
    Our court’s formulation asked whether an “extraordinary variance” was supported by “comparably extraordinary circumstances.” United States v. Claiborne, 439 F.3d 479, 481 (8th Cir.2006) (emphasis added), vacated as moot, 551 U.S. 87 , 127…
  • United States v. Russell Lee, No. 07-3738 (8th Cir. Jan. 9, 2009).
    Our court’s formulation asked whether an “extraordinary variance” was supported by “comparably extraordinary circumstances.” United States v. Claiborne, 439 F.3d 479, 481 (8th Cir. 2006) (emphasis added), vacated as moot, 127 S. Ct. 2245 (…
  • Gall v. United States, 552 U.S. 38 (2007). 2 cites
    The Eighth Circuit (following a Seventh Circuit opinion) stated that a trial judge's justifications for a sentence outside the Guidelines range must be "proportional to the extent of the difference between the advisory range and the senten…
  • United States v. Brian Hemphill, 240 F. App'x 159 (8th Cir. 2007).
    See Rita v. United States, — U.S. -, 127 S.Ct. 2456, 2462 , 168 L.Ed.2d 203 (2007) (presumption of reasonableness applies to sentence imposed within advisory Guidelines range); United States v. Long Soldier, 431 F.3d 1120, 1123 (8th Cir.20…
  • United States v. Tomko, 498 F.3d 157 (3d Cir. 2007). 2 cites
    Indeed, the Eighth Circuit stated that "[a]n extraordinary variance from the Guidelines range must be 'supported by comparably extraordinary circumstances’.” Id. at 357 (quoting United States v. Claiborne, 439 F.3d 479, 481 (8th Cir.2006)).
Show 22 more citing cases
  • United States v. Todd Douglas Miller, 484 F.3d 964 (8th Cir. 2007).
    United States v. Claiborne, 439 F.3d 479, 481 (8th Cir.2006), ce rt. granted, — U.S. -, 127 S.Ct. 551 , 166 L.Ed.2d 406 (2006).
  • United States v. Jose Ibarra, 220 F. App'x 454 (8th Cir. 2007).
    States v. Likens, 464 F.3d 823, 825 (8th Cir.2006), but asks us to reconsider based on the Supreme Court's grant of certiorari in United States v. Rita, 177 Fed.Appx. 357 (4th Cir.) (unpub. per curiam), cert. granted,-U.S.-, 127 S.Ct. 551…
  • United States v. Pickett, Lorenzo, 475 F.3d 1347 (D.C. Cir. 2007). 2 cites
    See United States v. Dorcely, 454 F.3d 366, 376 (D.C.Cir.2006); United States v. Kristl, 437 F.3d 1050, 1054 (10th Cir.2006); United States v. Green, 436 F.3d 449, 457 (4th Cir.2006); United States v. Williams, 436 F.3d 706, 708 (6th Cir.2…
  • United States v. Brian D. Gnavi, 474 F.3d 532 (8th Cir. 2007).
    United States v. Claiborne, 439 F.3d 479, 481 (8th Cir.2006), ce rt. granted, — U.S. -, 127 S.Ct. 551 , 166 L.Ed.2d 406 (2006).
  • United States v. Rene Plaza, 471 F.3d 876 (8th Cir. 2006).
    United States v. Claiborne, 439 F.3d 479, 481 (8th Cir.2006), cert. granted, — U.S. —, 127 S.Ct. 551 , — L.Ed.2d — (2006) (concluding that the small amount of crack cocaine involved, a circumstance of the offense, and a lack of criminal hi…
  • United States v. Juan Morales-Uribe, 470 F.3d 1282 (8th Cir. 2006).
    United States v. Claiborne, 439 F.3d 479, 481 (8th Cir.2006), cert. granted, — U.S. -, 127 S.Ct. 551 , — L.Ed.2d - (2006).
  • United States v. Stevie Glenn Howard, 206 F. App'x 614 (8th Cir. 2006).
    We review the decision to vary from the suggested guideline range and the resulting sentence for reasonableness, United States v. Mickelson, 433 F.3d 1050, 1055 (8th Cir.2006); United States v. Ture, 450 F.3d 352, 356 (8th Cir.2006), which…
  • United States v. Morris K. Likens, 464 F.3d 823 (8th Cir. 2006). 2 cites
    United States v. Claiborne, 439 F.3d 479, 481 (8th Cir.2006).
  • United States v. Jeffrey Allen McDonald, 461 F.3d 948 (8th Cir. 2006). 4 cites
    (rejecting a variance based upon the defendant's criminal history and other factors for which the guidelines already accounted)
  • United States v. Robert E. Collier, 191 F. App'x 514 (8th Cir. 2006).
    How compelling that justification must be is proportional to the extent of the difference between the advisory range and the sentence imposed.’” United States v. Claiborne, 439 F.3d 479, 481 (8th Cir.2006) (quoting United States v. Johnson…
  • United States v. Kendall Myron Robinson, 454 F.3d 839 (8th Cir. 2006).
    “When the district court has correctly determined the Guidelines sentencing range, as in this case, we review the resulting sentence for reasonableness, a standard akin to our traditional review for abuse of discretion.” United States v. C…
  • United States v. Kendall M. Robinson, No. 05-4268 (8th Cir. July 20, 2006).
    “When the district court has correctly determined the Guidelines sentencing range, as in this case, we review the resulting sentence for reasonableness, a standard -3- akin to our traditional review for abuse of discretion.” United States…
  • United States v. Terron Brown, 453 F.3d 1024 (8th Cir. 2006).
    In an effort to give content to the “reasonableness” standard established by the Supreme Court, we have explained that a sentence within the advisory range is presumed reasonable, because “[t]he guidelines were fashioned taking the other §…
  • United States v. Mathew Meyer, Also Known as Mathew Salem, 452 F.3d 998 (8th Cir. 2006). 2 cites
    United States v. Lazenby, 439 F.3d 928, 932 (8th Cir.2006); United States v. Claiborne, 439 F.3d 479, 481 (8th Cir.2006).
  • United States v. Patricio Sandoval-Rodriguez, 452 F.3d 984 (8th Cir. 2006).
    We review the district court’s ultimate sentence for reasonableness, a “ ‘standard akin to our traditional review for abuse of discretion,’ ” United States v. Gall, 446 F.3d 884, 889 (8th Cir.2006) (quoting United States v. Claiborne, 439…
  • United States v. Sandoval-Rodriguez, No. 05-3589 (8th Cir. July 11, 2006).
    We review the district court's ultimate sentence for reasonableness, a "'standard akin to our traditional review for abuse of discretion,'" United States v. Gall, 446 F.3d 884, 889 (8th Cir. 2006) (quoting United States v. Claiborne, 439 F…
  • United States v. James Rattoballi, 452 F.3d 127 (2d Cir. 2006).
    See United States v. Cage, 451 F.3d 585, 593 , 2006 WL 1554674, at *7 (10th Cir.2006) (stating that “the Guidelines are an expression of popular political will about sentencing that is entitled to due consideration when we determine reason…
  • United States v. Gerald Ture, 450 F.3d 352 (8th Cir. 2006).
    An extraordinary variance from the Guidelines range must be “supported by comparably extraordinary circumstances.” United States v. Claiborne, 439 F.3d 479, 481 (8th Cir.2006); United States v. Goody, 442 F.3d 1132, 1134 (8th Cir.2006) (st…
  • United States v. Marlon J. Bradford, 447 F.3d 1026 (8th Cir. 2006).
    United States v. Claiborne, 439 F.3d 479, 481 (8th Cir.2006).
  • United States v. Sheldon Lynn Bryant, 446 F.3d 1317 (8th Cir. 2006). 2 cites
    United States v. Claiborne, 439 F.3d 479, 481 (8th Cir.2006).
  • United States v. Jack Leroy Goody, 442 F.3d 1132 (8th Cir. 2006).
    United States v. Claiborne, 439 F.3d 479, 481 (8th Cir.2006).
  • United States v. Jason Pepper, 486 F.3d 408 (8th Cir. 2007).
    See United States v. Claiborne, 439 F.3d 479, 481 (8th Cir.) (concluding an extraordinary downward variance of 60% (seven offense levels), was not supported by defendant’s lack of criminal history, which already had been accounted for by d…
At page 480 cited at this page4 citing cases
  • United States v. Bradford, 461 F. Supp. 2d 904 (N.D. Iowa 2006).
    “The court may ... impose a sentence outside of the range in order to ‘tailor the sentence in light of other statutory concerns in § 3553(a).’ ” Id. at 836 (quoting United States v. Claiborne, 439 F.3d 479, 480 (8th Cir.2006), cert. grante…
  • United States v. Terrence T. Beal, 463 F.3d 834 (8th Cir. 2006).
    Under Booker , the district court “must take the advisory guidelines into account together with other sentencing factors enumerated in 18 U.S.C. § 3553 (a).” *836 United States v. Claiborne, 439 F.3d 479, 480 (8th Cir.2006) (citation omitt…
  • United States v. Jeffrey McDonald, No. 05-1617 (8th Cir. Sept. 5, 2006). 2 cites
    How compelling that justification must be is proportional to the extent of the difference between the advisory range and the sentence imposed." United States v. Claiborne, 439 F.3d 479, 480 (8th Cir. 2006) (quoting United States v. Johnson…
  • United States v. Brian Michael Gall, No. 05-3001 (8th Cir. May 12, 2006). 2 cites
    Instead, the district court must take the advisory guidelines into account together with other sentencing factors enumerated in 18 U.S.C. § 3553 (a)." United States v. Claiborne, 439 F.3d 479, 480 (8th Cir. 2006).
Other citing cases2 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff—Appellant,
v.
Mario CLAIBORNE, Defendant—Appellee
05-2198.
Court of Appeals for the Eighth Circuit.
Feb 27, 2006.
439 F.3d 479
2006 U.S. App. LEXIS 4933
2006 WL 452899
Cristian M. Stevens, argued, Asst. U.S. Attorney, St. Louis, MO, for appellant., Michael Dwyer, argued, St. Louis, MO, for appellee.
Loken, Wollman, Riley.
Cited by 111 opinions  |  Published
LOKEN, Chief Judge.

Mario Claiborne pleaded guilty to two counts of possessing and distributing cocaine base in violation of 21 U.S.C. §§ 841(a)(1) and 844(a). The district court determined that Claiborne’s advisory guidelines sentencing range is 37 to 46 months in prison and imposed a 15-month sentence. The government appeals the sentence as unreasonable under 18 U.S.C. § 3553(a). We agree and remand for re-sentencing.

In May 2003, Claiborne was arrested for attempting to sell 0.23 grams of cocaine base to an undercover police officer. Six months later, police approached Claiborne engaged in what appeared to be a drug deal. He fled through the house next door, throwing down a plastic baggie containing 5.03 grams of cocaine base. Claiborne was charged with and pleaded guilty to distributing cocaine base during the first incident and possessing cocaine base during the second.

At sentencing, the district court granted Claiborne “safety valve” relief from the five year mandatory minimum sentence under 18 U.S.C. § 844(a). See 18 U.S.C. § 3553(f); U.S.S.G. §§ 2D1.1(b)(7), 5C1.2. The court also rejected the government’s position that he should receive a two-level increase for reckless endangerment because he fled through a nearby residence. See U.S.S.G. § 3C1.2. These rulings resulted in a guidelines sentencing range of 37 to 46 months in prison, which is not at issue on appeal. Recognizing that the guidelines are advisory under United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), the district court sentenced Claiborne to 15 months in prison, concluding that “the 37 month low end of the range is, in my view, excessive” because of Claiborne’s lack of criminal history, young age, the small quantity of drugs involved, and the court’s opinion that Claiborne was not likely to commit similar crimes in the future. The government appeals, arguing that 15 months is an unreasonable downward variance from the guidelines range.

Under Booker, the sentencing guidelines are no longer a mandatory regime. Instead, the district court must take the advisory guidelines into account together with other sentencing factors enumerated in 18 U.S.C. § 3553(a). 543 U.S. at 259-60, 125 S.Ct. 738. In fashioning an appropriate sentence, the district court must first calculate the applicable guidelines sentencing range. United States v. Haack, 403 F.3d 997, 1002-03 (8th Cir.), cert. denied — U.S. -, 126 S.Ct. 276, 163 L.Ed.2d 246 (2005). The court may then impose a sentence outside the range in order to “tailor the sentence in light of the other statutory concerns” in § 3553(a).[*481] Booker, 543 U.S. at 245-46, 125 S.Ct. 738. When the district court has correctly determined the guidelines sentencing range, as in this case, we review the resulting sentence for reasonableness, a standard akin to our traditional review for abuse of discretion.

The Guidelines were fashioned taking the other § 3553(a) factors into account and are the product of years of careful study. Thus, the guidelines sentencing range, though advisory, is presumed reasonable. See United States v. Lincoln, 413 F.3d 716, 717 (8th Cir.2005); United States v. Mykytiuk, 415 F.3d 606, 608 (7th Cir.2005). When the district court varies from the guidelines range based upon its analysis of the § 3553(a) factors, we must examine whether “the district court’s decision to grant a § 3553(a) variance from the appropriate guidelines range is reasonable, and whether the extent of any § 3553(a) variance ... is reasonable.” United States v. Mashek, 406 F.3d 1012, 1017, (8th Cir.2005); see Haack, 403 F.3d at 1004. “Sentences varying from the guidelines range ... are reasonable so long as the judge offers appropriate justification under the factors specified in 18 U.S.C. § 3553(a). How compelling that justification must be is proportional to the extent of the difference between the advisory range and the sentence imposed.” United States v. Johnson, 427 F.3d 423, 426-27 (7th Cir.2005) (citation omitted). A “range of reasonableness” is within the court’s discretion. United States v. Saenz, 428 F.3d 1159, 1165 (8th Cir.2005).

Here, the district court imposed a 15-month sentence when the bottom of Claiborne’s advisory guidelines range was 37 months. This is a sixty percent downward variance. “An extraordinary reduction must be supported by extraordinary circumstances.” United States v. Dalton, 404 F.3d 1029, 1033 (8th Cir.2005). We conclude that the sixty percent reduction granted to Claiborne was an extraordinary variance that is not supported by comparably extraordinary circumstances. Claiborne’s lack of criminal history was taken into account when the safety valve eliminated an otherwise applicable mandatory minimum sentence. The small amount of crack cocaine seized during his two offenses was taken into account in determining his guidelines range. Substantially reducing the resulting guidelines range sentence based upon drug quantity is unreasonable because it is a fair inference that Claiborne distributed additional quantities of cocaine during the six months between the two occasions interdicted by the police. Similarly, while the district court properly focused on the likelihood Claiborne would commit further crimes in the future, the fact that he committed a second serious drug offense six months after his first arrest demonstrates that Claiborne has not earned an extraordinary downward variance from a guidelines sentence that already reflects substantial leniency.

For the foregoing reasons, we conclude that the sentence is unreasonable and remand to the district court for resentencing.