United States v. Edward Stieber

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Morris S. Arnold and Bobby E. Shepherd (UNPUBLISHED) [4387004] [15-3452]

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 15-3452
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Edward Allen Stieber, also known as Eddie Stieber, also known as Kool_uncle,
also known as hardtohandle4u
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the Western District of Missouri - Kansas City
____________
Submitted: March 17, 2016
Filed: April 11, 2016
[Unpublished]
____________
Before WOLLMAN, ARNOLD, and SHEPHERD, Circuit Judges.
____________
PER CURIAM.

Appellate Case: 15-3452

Page: 1

Date Filed: 04/11/2016 Entry ID: 4387004

Edward Stieber appeals the sentence that the district court1 imposed on him
after he pleaded guilty to two counts of attempting to produce child pornography. See
18 U.S.C. § 2251(a) and (e). He maintains, first, that his within-Guidelines sentence
is substantively unreasonable because it was based primarily on uncharged conduct
and potential future criminal conduct. A sentencing court, however, may consider
relevant, uncharged conduct, United States v. Pratt, 553 F.3d 1165, 1170 (8th Cir.
2009), and should consider the need to protect the public from future crimes by the
defendant. 18 U.S.C. § 3553(a)(2)(C). Our review of the sentencing-hearing transcript
does not reveal that the district court gave undue weight to these considerations. Our
precedents foreclose Stieber's second argument, that the district court should have
considered his potential eligibility for civil commitment in fixing his sentence. See
United States v. Jeffries, 615 F.3d 909, 911–12 (8th Cir. 2010). We therefore
conclude that Stieber has failed to rebut the presumption that his within-Guidelines
sentence, which was based upon a proper consideration of the matters contained in
§ 3553(a), is reasonable. See Gall v. United States, 552 U.S. 38, 40 (2007).
Affirmed.
______________________________

1

The Honorable Beth Phillips, United States District Judge for the Western
District of Missouri.
-2-

Appellate Case: 15-3452

Page: 2

Date Filed: 04/11/2016 Entry ID: 4387004