No. 20-3044 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Jefferson David Hubbs

lllllllllllllllllllllDefendant - Appellant ____________

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

Submitted: September 21, 2021 Filed: November 18, 2021 ____________ Before LOKEN, COLLOTON, and BENTON, Circuit Judges. ____________ LOKEN, Circuit Judge.

Jefferson Hubbs was indicted and pleaded guilty to two counts of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). The district court1 sentenced Hubbs to two concurrent 60-month prison terms followed by three years

1 The Honorable Stephen R. Clark, United States District Court Judge for the Eastern District of Missouri supervised release. Hubbs appeals, arguing his sentence is substantively unreasonable. We review the substantive reasonableness of a sentence, “whether within, above, or below the applicable Guidelines range,” under a highly deferential abuse of discretion standard. United States v. Feemster, 572 F.3d 455, 464 (8th Cir. 2009) (en banc). Applying this standard of review, we affirm.

I.

In two incidents some eight months apart, St. Louis police seized three guns and six high-capacity magazines from Hubbs, a convicted felon. In the second incident, Hubbs ran a stop sign at 50 miles-per-hour, collided with another vehicle, and was thrown from his motorcycle, suffering serious injuries. Officers found two loaded handguns at the scene. The Presentence Investigation Report (“PSR”) detailed his extensive criminal history, including five assault convictions, numerous other convictions, conduct violations while incarcerated, and an uncharged domestic incident three days before the motorcycle accident when Hubbs threatened to shoot a female victim, left on his motorcycle, and fired multiple rounds at an unoccupied vehicle. The PSR recommended an advisory guidelines sentencing range of 57 to 71 months in prison based on total offense level 23 and Criminal History Category III.

At sentencing, the district court sustained Hubbs’s sole objection to the PSR, eliminating a four-level enhancement for possessing a firearm in connection with the uncharged incident days prior to the second incident. This reduced the guidelines range to 37 to 46 months imprisonment. The court otherwise adopted the PSR without objection. In a presentencing motion and again at sentencing, Hubbs argued for a downward variance, citing as mitigating factors his difficult childhood with an addicted and abusive mother, a long history of diagnosed mental health issues that included suicide attempts, long-standing methamphetamine use, and recovery from a serious brain injury suffered in the motorcycle accident. The government recommended a within-range sentence.

-2- After hearing argument and a statement as to sentencing from Hubbs, the district court denied his motion for a downward variance and explained why it was considering whether an upward variance was instead warranted:

In addition to the guidelines and the policy statements, I’ve considered the nature and the circumstances of the offense. I’ve considered the history and characteristics of Mr. Hubbs, and the need to avoid unwarranted sentencing disparities among similarly-situated defendants and the types of sentences available.

I’ve considered the e