A district court has the discretion to boost a prison sentence because the defendant smiled at the sentencing, the U.S. Court of Appeals for the Eighth Circuit has ruled.
On June 27, a unanimous panel upheld a six-month enhancement, from 78 months to 84, to the sentence of Boyd William White Twin, who was convicted of assault with a dangerous weapon.
In October 2011, Judge Charles Kornmann of the District of South Dakota originally sentenced Twin to 78 months in prison plus three years’ supervised release after he was convicted on the assault charges.
According to the opinion in U.S. v. White Twin, Kornmann said to White Twin during the sentencing hearing: “You think that’s humorous, sir? Let the record show that the Defendant is smiling.” Kornmann then added six months to his prison sentence.
Also according to the opinion, Twin replied, “I am not smiling.”
Twin was convicted for assaulted his companion, who is also the mother of his children, in the presence of the children. Twin also repeatedly threatened violence against his companion in front of the children, who were all under the age of nine. Twin also told his companion to “choose which child he should kill first.” The children later needed counseling.
Judge Duane Benton wrote the opinion, joined by judges Diana Murphy and Bobby Shepherd.
“The court was uniquely situated to observe [Twin's] demeanor, and personally charged with reviewing the [U.S. penal code's sentencing] factors. District courts have wide discretion in determining a fair and just sentence,” Benton wrote.
Benton cited a 2011 Eighth Circuit ruling in U.S. v. Robinson in stating that “district courts have wide discretion in determining a fair and just sentence.”
Benton noted that, as detailed in the U.S. penal code section on “use of information for sentencing,” Congress has ruled that “[n]o limitation shall be placed on the information concerning the background, character, and conduct of a person convicted of an offense which a court of the United States may receive and consider for the purpose of imposing an appropriate sentence.”
“The district court based its increase in the sentence not solely on the smile, but a combination of it and other factors. The district court did not abuse its discretion in considering White Twin’s smile,” Benton wrote.
The Eighth Circuit also upheld Kornmann’s upward sentencing departures under four guidelines, including criminal history inadequacy; extreme psychological injury for the victim; extreme conduct; and dismissed and uncharged conduct.
Twin’s lawyer, Gregg Magera of Siegel, Barnett & Schutz in Aberdeen, S.D., was not available for comment.
Mark Salter, an assistant U.S. attorney for the District of South Dakota, declined to comment.
Sheri Qualters is a reporter for The National Law Journal, a Legal affiliate based in New York.
