United States v. Tobias Sarazin

Opinion

United States Court of Appeals For the Eighth Circuit

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No. 21-1475

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United States of America

Plaintiff - Appellee

v.

Tobias Sarazin

Defendant - Appellant

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Appeal from United States District Court for the Northern District of Iowa

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Submitted: January 10, 2022 Filed: March 14, 2022

[Unpublished]

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Before BENTON, SHEPHERD, and STRAS, Circuit Judges.

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PER CURIAM.

Tobias Sarazin, who pleaded guilty to a firearm offense, received a 60-month prison sentence. See 18 U.S.C. §§ 922(g)(3), 922(g)(8), 922(g)(9), and 924(a)(2).

He argues that the sentence, which the district court 1 imposed after varying upward, is unreasonably long.

We conclude that Sarazin received a substantively reasonable sentence. See United States v. Feemster, 572 F.3d 455, 464 (8th Cir. 2009) (en banc) (reviewing the reasonableness of a sentence under a “deferential abuse-of-discretion standard” (quotation marks omitted)). The record establishes that the district court sufficiently considered the statutory sentencing factors, including both mitigating and aggravating circumstances. 18 U.S.C. § 3553(a). It was free to consider the need for incapacitation, given that more “lenien[t]” sentences “ha[d] not been effective,” United States v. Walking Eagle, 553 F.3d 654, 657 (8th Cir. 2009) (quotation marks omitted), for this seventeen-time offender with “a history of violence and recidivism.” Just because Sarazin would have weighed these factors differently does not mean the court abused its discretion by varying upward. See United States v. Hall, 825 F.3d 373, 375 (8th Cir. 2016) (per curiam).

We accordingly affirm the judgment of the district court.

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1 The Honorable C.J. Williams, United States District Judge for the Northern District of Iowa.