United States v. Deegan
United States Court of Appeals for the Eighth Circuit
605 F.3d 625 (2010)
Dana Deegan (defendant) gave birth on a reservation, left the newborn, and returned two weeks later to find the baby dead; she placed the body in a suitcase that was later found in a ditch. Because the crime occurred on an Indian reservation, she was prosecuted federally and pleaded guilty to second-degree murder. She urged the court to depart from the guidelines to probation or a short sentence based on her documented history of abuse, her psychological condition, and expert testimony that she had acted impulsively and posed little risk of reoffending. The district court acknowledged her difficult history but sentenced her to 121 months, the bottom of the guidelines range, reasoning it could not ignore that an innocent life had been lost. Deegan appealed.
Whether a sentence of imprisonment within the advisory sentencing guidelines is entitled to a presumption of reasonableness that will not be reversed absent an abuse of discretion.