Eighth Circuit: United States v. Thomas Grace

A sentencing judge may properly consider offenses already incorporated in the guidelines calculations when deciding to vary upwards where the prior offenses strongly parallel the present crime.  Argument that elements of state statute raised in sentencing were not met in present crime was waived since it was first raised in reply brief.  Consideration of the statute not per se unreasonable.

http://media.ca8.uscourts.gov/opndir/18/06/171572P.pdf