United States v. Dacy
Docket: No. 08-0777-cr
Court: Court of Appeals for the Second Circuit; December 3, 2008; Federal Appellate Court
The district court's judgment is affirmed regarding defendant Wesken Dacy's 43-month sentence for possessing 15 or more unauthorized access devices, a violation of 18 U.S.C. § 1029(a)(3). Dacy's appeal argues that the sentence, which falls within the applicable Guidelines range, is substantively unreasonable and contradicts the sentencing goals outlined in 18 U.S.C. § 3553(a). The review for substantive reasonableness mirrors an abuse of discretion standard. Dacy claims that his classification as a Category VI criminal offender exaggerates the danger he poses and the severity of his criminal history, which consists solely of non-violent misdemeanors. He also cites his challenging upbringing and suggests that his previous short sentences indicate potential for rehabilitation with a lesser penalty than the current sentence. The district court considered Dacy's non-violent misdemeanor history but concluded that a lower sentence was unwarranted due to his extensive prior convictions, many of which were similar to the current offense, indicating a high risk of recidivism and lack of remorse. The court determined that Dacy's criminal history categorization justifiably reflected the seriousness of his offenses, supporting the within-Guidelines sentence. Dacy's upbringing and previous sentences do not undermine the reasonableness of the sentence given his significant criminal background, including a felony charge during the case's proceedings. Thus, the district court's decision is upheld.