United States v. Bagley, 110618 FED8, 17-2382

Docket Nº:17-2382
Opinion Judge:LOKEN, Circuit Judge.
Party Name:United States of America Plaintiff - Appellee v. Stephen D. Bagley Defendant-Appellant
Judge Panel:Before WOLLMAN, LOKEN, and COLLOTON, Circuit Judges. COLLOTON, Circuit Judge, concurring in part and dissenting in part.
Case Date:November 06, 2018
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
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United States of America Plaintiff - Appellee

v.

Stephen D. Bagley Defendant-Appellant

No. 17-2382

United States Court of Appeals, Eighth Circuit

November 6, 2018

Submitted: July 5, 2018.

Appeal from United States District Court for the Western District of Missouri - Kansas City

Before WOLLMAN, LOKEN, and COLLOTON, Circuit Judges.

LOKEN, Circuit Judge.

In July 2015, Stephen Bagley pleaded guilty to carjacking and firearm charges, pursuant to a written plea agreement that contained a waiver of the right to challenge his conviction and sentence. Bagley admitted that he stole a Nissan Altima at gun point with the car owner's dog (Mister) in the backseat, that the police later responded to a multi-vehicle car accident caused by the Altima, and that officers found Mister dead inside the car. The Altima owner filed a victim impact statement seeking, as relevant, $14, 999 in restitution for the "loss of life to Mister, a 4 year old Terrier that [he] raised from a puppy"; and one of the victims involved in the car accident filed a victim impact statement seeking $3, 500 in restitution for "[o]ngoing chiropractic care with unknown total cost." The district court sentenced Bagley to 70 months on the carjacking charge, followed by 84 months on the firearm charge. The court also awarded restitution of $1, 000 to the Altima owner for the death of Mister, and $2, 000 to the car accident victim for chiropractic care.

Bagley's counsel has moved to withdraw and has submitted a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the court erred in assessing criminal history points for a sentence imposed contemporaneously in the District of Kansas, and by ordering restitution without supporting documentation. Counsel later filed a supplemental brief after the Kansas conviction was vacated, arguing that Bagley should be resentenced in light of the vacature. The government argues that the appeal waiver bars Bagley's challenge to his criminal history score, and that the restitution order for Mister's death was supported by the victim's statement that he raised the dog from a puppy, and "the district court's basic knowledge of expenses associated with dog ownership"; but concedes that the restitution order for chiropractic...

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