Latest Case: United States v. Heindenstrom (Criminal Law)

Man’s Best Captive

SHERRY F. COLB

Cornell law professor Sherry F. Colb considers whether an explanation for the affection dogs express for their humans might be explained by the Stockholm Syndrome, the condition that afflicts many kidnapped people and other abuse victims in which they form an attachment, sometimes called a trauma bond, that manifests as seeking the abuser’s approval and craving closeness rather than trying to escape. Colb argues that even though pet owners might not intend abuse, the unpredictable repetition of house arrest and silent treatment, followed by intermittent returns, might amount to abuse in the minds of these animals we hold as pets.

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United States v. Heindenstrom

Docket: 18-2187

Opinion Date: December 30, 2019

Judge: Selya

Areas of Law: Criminal Law

The First Circuit affirmed the sentence imposed by the district court in connection with Defendant's plea of guilty to a single count charging him with drug distribution in violation of 21 U.S.C. 841(a)(1), holding that the sentence was supportable when viewed as an upward variance. Relying on a finding that a death resulted from the offense of conviction in this case, the district court imposed an above-the-range term of imprisonment. The court justified the sentence both as an upward departure and an upward variance. On appeal, Defendant challenged his sixty-month sentence both procedurally and substantively. The First Circuit affirmed, holding (1) any error in invoking a departure guideline was harmless where the district court would have imposed exactly the same sentence by means of a variance; (2) the district court did not abuse its discretion by considering in its decision to impose an upward variance the fact that an individual died after using the fentanyl-laced substance knowingly sold to him by Defendant; and (3) the sentence was not outside the universe of reasonable sentencing outcomes and therefore was substantively reasonable.