United States Court of Appeals

For the Eighth Circuit 

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No. 19-1405

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United States of America

 Plaintiff - Appellee

v.

Heriberto Banuelos Barron

 Defendant - Appellant

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Appeal from United States District Court 

for the District of Minnesota

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Submitted: October 21, 2020

 Filed: December 7, 2020 

[Unpublished]

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Before SMITH, Chief Judge, LOKEN and GRUENDER, Circuit Judges. 

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PER CURIAM.

Heriberto Banuelos Barron pleaded guilty to one count of aiding and abetting 

distribution of more than fifty grams of methamphetamine. See generally 21 U.S.C. 

§ 841(a)(1), (b)(1)(A). Barron had a total offense level of 33, a criminal-history 

category of IV based on 9 criminal-history points, and an advisory sentencing 
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guidelines range of 188 to 235 months’ imprisonment. The district court1 sentenced

him to 150 months’ imprisonment, 38 months below the bottom end of his guidelines 

range. On appeal, Barron challenges his sentence as substantively unreasonable, 

claiming that it was greater than necessary to punish him for his offense. 

 

We “consider the substantive reasonableness of the sentence imposed under 

an abuse-of-discretion standard.” Gall v. United States, 552 U.S. 38, 51 (2007). 

“When conducting this review,” we “take into account the totality of the 

circumstances, including the extent of any variance from the Guidelines range.” Id. 

“Sentencing courts have wide discretion to weigh the [18 U.S.C.] § 3553(a) factors.” 

United States v. Donahue, 959 F.3d 864, 867 (8th Cir. 2020) (internal brackets and 

ellipses omitted). “A sentencing court abuses its discretion if it fails to consider a 

relevant factor that should have received significant weight, gives significant weight 

to an improper or irrelevant factor, or considers only the appropriate factors but 

commits a clear error of judgment in weighing those factors.” United States v. 

Johnson, 812 F.3d 714, 715 (8th Cir. 2016) (per curiam). “When a district court has 

sentenced a defendant below the advisory Guidelines range, it is nearly 

inconceivable that the court abused its discretion in not varying downward still

further.” United States v. Nevatt, 960 F.3d 1015, 1022 (8th Cir. 2020) (per curiam)

(internal brackets omitted). 

Barron was sentenced below the bottom end of his guidelines range, making 

it nearly inconceivable that the district court abused its discretion by imposing a 

substantively unreasonable sentence. See id. The district court noted the terrible 

effects methamphetamine has on individuals and the community as well asthe “huge 

amounts” of it involved in this case. The court also stated that Barron’s criminal 

history was not “over-represent[ed]” and that his criminal-history points placed him

“at the top” of criminal-history category IV. See U.S.S.G. § 5A. After reviewing 

1

The Honorable Ann D. Montgomery, United States District Judge for the 

District of Minnesota. 
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the record, we conclude that the district court did not abuse its discretion in 

sentencing Barron. Therefore, we affirm.

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