United States v. Patrick Robinson
CourtCourt of Appeals for the Eighth Circuit
Date FiledNovember 5, 2026
Docket25-2745
StatusUnpublished
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Full Opinion
United States Court of Appeals
For the Eighth Circuit
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No. 25-2745
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United States of America
Plaintiff - Appellee
v.
Patrick Earl Robinson
Defendant - Appellant
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Appeal from United States District Court
for the Eastern District of Arkansas - Central
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Submitted: October 19, 2026
Filed: November 5, 2026
[Unpublished]
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Before KELLY, BENTON, and JUSTIN D. SMITH, Circuit Judges.
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PER CURIAM.
Patrick Earl Robinson pled guilty to being a felon in possession of a firearm
in violation of 18 U.S.C. § 922(g)(1) and 924(e). The district court 1 varied upward,
1
The Honorable Lee P. Rudofsky, United States District Court Judge for the
Eastern District of Arkansas.
sentencing him to 276 months (guideline range was 180 to 210 months). He appeals.
Having jurisdiction under 18 U.S.C. § 1291, this court affirms.
Robinson believes his sentence was unreasonable because the district court
(1) varied upward based on criminal history that the guidelines accounted for and
(2) did not give proper weight to Robinson’s childhood as a mitigating factor.
This court reviews the substantive reasonableness of a sentence for abuse of
discretion. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en
banc). “A district court abuses its discretion when it (1) fails to consider a relevant
factor that should have received significant weight; (2) gives significant weight to
an improper or irrelevant factor; or (3) considers only the appropriate factors but in
weighing those factors commits a clear error of judgment.” Id. (cleaned up). It “will
be the unusual case when we reverse a district court sentence—whether within,
above, or below the applicable Guidelines range—as substantively unreasonable.”
Id. at 464.
I.
The district court properly applied the § 3553(a) factors, concluding that
Robinson’s criminal history justified the variance:
So I’m going to talk about your history and characteristics, but I
want you to understand that what this plays into are three different
factors. The first factor is deterrence; and, really, here, what we’re
talking about is specific deterrence, which means deterrence from you
committing another crime, so finding a punishment that is significant
enough that it will stop you from committing crimes in the future
because, honestly, anything I give here, I think will satisfy general
deterrence. I’m not concerned about the general deterrence prong.
No. 2, protection of the public. I have to tell you looking at your
PSR, I am very concerned with a lot of these crimes, including, of
course, the one that I found by a preponderance of the evidence in terms
of -- in terms of the fleeing in the car and the attempted carjacking. But
that’s not it, right? There’s stuff in your PSR earlier that also shows a
significant amount of violence, and the problem is, when we have a
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track record both in the convictions and in what I found of a significant
-- a significant track record of violence, the problem is if I can’t deter
you and I can’t be sure that the prison sentence I give you is going to
stop you from committing crimes, then I really do have to be worried
about protecting the public from the effect of those crimes. And that’s
true whether it’s intentional on your part or not. You might get out and
intend to hurt somebody, or honestly, you might not. But what I have
to be worried about is, is someone going to get hurt after you get out.
And looking at this track record and worrying that I’m not able to
specifically deter you, protection of the public is something that is at
the forefront of my mind.
Additionally, promotion for the respect of the rule of law, and it
all ties together, and I want to explain this to you. The crimes you’ve
committed are bad enough, but there’s a track record, again, based on
both what’s in here and what I found by a preponderance of the
evidence of you fleeing, okay? Fleeing is incredibly dangerous. Not
only does it show a lack of respect for the rule of law, but it also puts
you in danger, the officers in danger, and other innocent people in
danger, potentially up to losing all of your lives. And that is incredibly,
incredibly concerning conduct to me.
....
My point is, I do not think that the guidelines right now
sufficiently account for the dangerousness or the need for specific
deterrence. I honestly don’t think that if I were to give you the top end
of the guidelines, you would end up being deterred at all, and that’s
from the last couple of prison sentences you served.
Contrary to Robinson’s argument: “It is well-settled that factors taken into account
in calculating the advisory guidelines range can form the basis of an upward variance
and that a sentencing court may vary upward based on criminal history already
accounted for by the Guidelines.” United States v. Ivory, 146 F.4th 693, 698 (8th
Cir. 2025) (cleaned up). The district court did not abuse its discretion by doing so
here.
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II.
Robinson argues that the district court did not give proper weight to his
childhood as a mitigating factor. To the contrary, the district court considered
Robinson’s childhood:
I acknowledge that you had a terrible, terrible childhood. There
is no -- there is no question from what I’ve read that that’s true. It is
among the most awful of what I’ve seen in my time on the bench, and
I’ve seen a bunch, so I acknowledge that. And you are going to get for
that something of a discount from what I otherwise would have given
you to reflect what I think is not no moral culpability, not a little moral
culpability, but lessened moral culpability from the type of moral
culpability you would have if you had lived a perfect life, and if you
had never had any problems.
Now, I want to be clear, that only goes so far, and you are only
going to get a small discount off of what I would otherwise have given
you because this is far from your first run-in with the justice system.
“Mere disagreement with how the district court weighed the relevant sentencing
factors does not justify reversal.” United States v. Johnson, 151 F.4th 978, 985 (8th
Cir. 2025) (cleaned up). It was not a clear error of judgment for the district court to
give Robinson’s childhood less weight than the other factors.
The district court did not abuse its discretion in varying upward.
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The judgment is affirmed.
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