State v. Ross

hi respectfully concur in the result of the majority’s affirmation of Defendant’s convictions. However, I dissent from the majority’s finding that Defendant’s sentences should be vacated for excessiveness. I find that the district court did not abuse its discretion in determining that Defendant did not meet his burden of proving that he is exceptional1 such that he is one of the rare individuals whose circumstances warrant a downward departure. As a result, I would affirm Defendant’s sentences.

Unlike some other cases this Court has recently decided,2 in the case sub judice, Defendant received…