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The Honorable Stephen N. Limbaugh, Jr., United States District Judge for the

Eastern District of Missouri. 

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

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No. 09-2939

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United States of America, *

*

Appellee, *

* Appeal from the United States

v. * District Court for the Eastern

* District of Missouri.

Jason D. Dement, *

* [UNPUBLISHED]

Appellant. *

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Submitted: December 13, 2010

Filed: April 5, 2011

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Before RILEY, Chief Judge, BEAM and BENTON, Circuit Judges.

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PER CURIAM.

Jason Dement appeals from the sentence imposed1

 following his conviction for

being a felon in possession of a firearm. The advisory Sentencing Guideline range for

Dement was 292 to 365 months, and he was also subject to an undischarged state

court sentence for parole revocation to be served in the State of Missouri. At

sentencing, Dement asked that the federal sentence be concurrent with the state court

sentence, and also requested a variance to a sentence below the Guidelines range. The

district court declined both requests and sentenced him to 292 months, to be served
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The Presentence Investigation Report relates that after committing the instant

offense but prior to trial and sentencing, Dement was involved in a domestic dispute

that led to the revocation of his state probation in an unrelated case. The district court

ordered that the felon-in-possession sentence run consecutive to this revocation

sentence.

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consecutively to the state court sentence. On appeal, Dement argues the district court

committed significant procedural error both by refusing to give a reason for the

consecutive sentence, and by failing to fully consider the 18 U.S.C. § 3553(a)

sentencing factors when imposing the within-Guidelines sentence.

We review a sentence for an abuse of discretion, giving due deference to the

district court's decision, and ensuring that the district court committed no significant

procedural error, such as failing to adequately explain the given sentence. Gall v.

United States, 552 U.S. 38, 51 (2007). A district court's decision to impose a

consecutive sentence is similarly reviewed for reasonableness. United States v.

Lomeli, 596 F.3d 496, 503 (8th Cir. 2010). Further, because Dement failed to object

at sentencing to the alleged procedural errors, if there were significant procedural

errors, we would review them for plain error. United States v. Miller, 557 F.3d 910,

916 (8th Cir. 2009). However, there were no procedural errors here. 

Consecutive sentences are specifically contemplated by the Guidelines, see

United States Sentencing Guidelines Manual § 5G1.3, and the Guidelines recommend

that sentences for offenses that occur while the defendant is on probation/parole be

imposed consecutively to any imposed revocation sentence. Id. § 5G1.3 app. n.3(C).

Dement's offense falls within this category,2

 and the district court's discussion of

Dement's general characteristics at sentencing was adequate to discharge its duties

with regard to both imposing and explaining the Guidelines-recommended

consecutive sentence. Along these same lines, the district court adequately discussed

and considered the 18 U.S.C. § 3553(a) factors at Dement's sentencing. Our review

of the record indicates that the district court was well acquainted with Dement
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following trial, which included Dement's testimony, a review of Dement's Presentence

Investigation Report, and Dement's lengthy allocution, which included a colloquy with

the court. Based upon this record, requiring a more loquacious explication from the

district court would depart appreciably from our precedent. E.g., United States v.

Lazarski, 560 F.3d 731, 733-34 (8th Cir. 2009) (holding that it was clear from the

record that the district court properly considered the § 3553(a) factors). We also find

that Dement's within-Guidelines sentence is substantively reasonable. United States

v. Clay, 622 F.3d 892, 895-96 (8th Cir. 2010). Accordingly, we affirm.

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