No. 22-1705 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

David Twine

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________

Submitted: February 13, 2023 Filed: April 28, 2023 [Published] ____________ Before LOKEN, COLLOTON, and BENTON, Circuit Judges. ____________ PER CURIAM.

On July 11, 2019, David Twine assaulted a 77-year-old St. Louis taxi driver, stole his taxi, and drove it to Chicago. He pleaded guilty to transporting a stolen vehicle and now appeals his 42-month sentence, an upward variance from his advisory guidelines sentencing range of 15 to 21 months imprisonment. Twine argues the sentence is substantively unreasonable because the district court1 did not properly account for Twine’s mental health issues and gave too much weight to the fact that the offense occurred on the first day he was released on parole following a 2015 Illinois second-degree murder conviction. Reviewing the district court’s sentencing decision for abuse of discretion, we affirm.

On the day in question, taxi driver E.G. picked up Twine at a bus stop in St. Louis. E.G. drove Twine to various locations where he unsuccessfully attempted to cash his bail refund check. After the last attempt, Twine returned to the taxi and began punching E.G. in what bystanders described as a “vicious” assault. E.G. opened the driver’s door, attempting to escape, but became entangled in the seatbelt and fell partway out of the taxi. Twine moved into the driver’s seat and drove away at high speed, dragging E.G. for about five feet before E.G. untangled himself and fell to the ground. Fortunately, E.G. did not suffer serious injury, but responding officers observed bleeding on his neck and bruises on his arms and legs. Law enforcement found the stolen taxi in Chicago the next day.

Indicted for carjacking, see 18 U.S.C. § 2119, Twine pleaded guilty to the lesser charge of transporting a stolen vehicle in violation of 18 U.S.C. § 2312. At sentencing, the district court adopted Probation’s recommended guidelines range of 15 to 21 months imprisonment. Twine requested a within-range sentence, noting as mitigating sentencing factors that he was a decorated military veteran and “on a bright path” until diagnosed with schizophrenia and psychoticism in 2012, when “his life started to fall apart.” While in Illinois prison for committing the second degree murder, he did not receive needed mental health treatment.

1 The Honorable John A. Ross, United States District Judge for the Eastern District of Missouri.

-2- In its careful analysis of the 18 U.S.C. § 3553(a) sentencing factors, the district court considered the mitigating impacts of Twine’s military service and serious mental health issues. However, the court concluded, the Guidelines “just don’t reflect the seriousness” of Twine’s assault of a 77-year-old taxi driver, and they “don’t adequately reflect the prior conviction for murder [or] the fact that this occurred the very day that you were released.” Further, noting that a within-range sentence would result in a sentence close to time served,2 the district court stated it could not “in good conscience say that Mr. Twine should get out at this point, or get out soon,” because he is still “a significant danger to the community.” Based on these aggravating factors, the dis