Legal Opinion

United States v. Hardy Kocher

Court of Appeals for the Eighth Circuit

Decided July 30, 2019No. 18-1410PublishedCited by 5 opinions

1Opinion of the Court

LOKEN, Circuit Judge.

In this appeal of a 24-month supervised release revocation sentence, Hardy Andrew Kocher argues the sentence is substantively unreasonable and greater than necessary because the district court 1 varied upward based on inappropriate speculation that Kocher might have committed an uncharged crime, and did not appropriately consider the relevant 18 U.S.C. § 3553 (a) sentencing factors. After thorough review of the sentencing record, we disagree and therefore affirm.

I

Kocher pleaded guilty to possession of child pornography in 2007 and was sentenced in January 2008 to 27…

2Cases cited5 opinions

  1. Gall v. United StatesSupreme Court of the United States · 2007
  2. United States v. FeemsterCourt of Appeals for the Eighth Circuit · 2009
  3. United States v. Michael NelsonCourt of Appeals for the Eighth Circuit · 2006
  4. United States v. Carol RyserCourt of Appeals for the Eighth Circuit · 2018
  5. United States v. Kelly MalloyCourt of Appeals for the Eighth Circuit · 2009

3Cited by5 opinions

  1. United States v. Don Elbert, IICourt of Appeals for the Eighth Circuit · 2021
  2. United States v. Johnny HarrisCourt of Appeals for the Eighth Circuit · 2022
  3. United States v. Nicholas JacksonCourt of Appeals for the Eighth Circuit · 2023
  4. United States v. Ashkelon BarrettCourt of Appeals for the Eighth Circuit · 2020
  5. United States v. Eddie LeeCourt of Appeals for the Eighth Circuit · 2020

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