Case Explained: United States of America v. Steven Wayne Whitesell

Court: United States Court of Appeals for the Eighth Circuit Filed: 2026-07-23 The eighth-circuit affirmed the district court’s imposition of a 60-month prison sentence on Steven Whitesell for unlawful possession of a firearm by a felon, rejecting his challenge to the substantive reasonableness of the upward variance from the recommended Guidelines range of 27 to 33 months. The court applied a highly deferential abuse-of-discretion standard, reviewing whether the district court failed to consider relevant factors, gave weight to improper factors, or committed a clear error of judgment in weighing the 18 U.S.C. § 3553(a) factors. The appellate court held that the district court acted within its discretion by justifying the variance based on Whitesell’s underrepresented criminal history, specifically his lengthy record of violent offenses including domestic assault and substance abuse issues, while appropriately discounting youthful indiscretions committed before age 24. Consequently, the judgment of the United States District Court for the Western District of Missouri is affirmed, leaving the 60-month sentence in place. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.