9 results for 'cat:"Drug Offender" AND cat:"Sentencing" AND cat:"Conspiracy"'.
J. Ripple finds that the lower court properly convicted defendants of conspiracy to distribute illegal drugs. The government is not required to proceed to trial on all charges of the conspiracy named in the indictment, but may elect to proceed on a subset of the allegations in the indictment and prove a conspiracy smaller than the one originally alleged. Further, the court properly sentenced defendants to a substantial, though below-guidelines sentence, including firearms enhancements. Affirmed.
Court: 7th Circuit, Judge: Ripple, Filed On: April 3, 2024, Case #: 22-2060, Categories: drug Offender, sentencing, conspiracy
J. Floyd finds the lower court improperly opted not to lower the defendant's sentence under the First Step Act. The court originally sentenced the defendant in 1996 to two concurrent terms of life imprisonment on a continuing criminal conspiracy count and a federal crack cocaine offense. The defendant is worthy of a time education because he has displayed good conduct, is unlikely to commit crimes, spent half his life in prison and other co-defendants have received sentence reductions. Vacated.
Court: 4th Circuit, Judge: Floyd, Filed On: March 20, 2024, Case #: 22-6748, Categories: drug Offender, sentencing, conspiracy
J. Harris finds the lower court improperly calculated its sentencing guidelines range when sentencing the defendant to 80 years in prison. The defendant was involved in a large-scale conspiracy to transport and sell drugs – primarily methamphetamine, but also heroin, cocaine, and crack – across Ohio and West Virginia. Police seized nearly three kilograms of meth from another drug trafficker who bought from the same seller as the defendant and attributed the amount to the defendant when calculating his sentence despite no evidence of the defendant and that drug trafficker being connected. Vacated.
Court: 4th Circuit, Judge: Harris, Filed On: January 5, 2024, Case #: 21-4181, Categories: drug Offender, sentencing, conspiracy
[Consolidated]. J. Benton finds a lower court properly sentenced two defendants for conspiracy to distribute 50 grams or more of meth. The co- conspirator defendants argued that their enhanced sentences are unreasonable. However, the government sufficiently showed in court that the first defendant acted as an organizer engaging in criminal activity by transporting 10 pounds of meth, and that the second female defendant sold the drugs to an undercover informant. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: December 27, 2023, Case #: 22-3333, Categories: drug Offender, sentencing, conspiracy
J. Benton finds a lower court properly sentenced a defendant to 290 months in prison for possession with intent to distribute meth and conspiracy to posses with intent to distribute meth. The defendant drug courier argued that an undercover DEA special agent engaged in entrapment by setting up a controlled buy. However, the government sufficiently showed in court that the special agent had not persuaded him into selling the drugs. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: December 27, 2023, Case #: 23-1156, Categories: drug Offender, sentencing, conspiracy
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Per curiam, the Fifth Circuit finds the trial court properly convicted defendant for conspiring to possess with the intent to distribute meth. Defendant sold drugs on several occasions to undercover DEA and DPS agents, eventually being accountable for over 281 grams of meth. He waived his Miranda rights and identified his supplier who admitted he received some of his product from a Mexican source. All evidence supports conviction and the district court properly found that the offense involved drugs imported from Mexico, correctly applying an importation enhancement. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 13, 2023, Case #: 22-10855, Categories: drug Offender, sentencing, conspiracy
J. Stras finds a lower court properly enhanced a defendant's prison sentence for directing a third party to use violence against a co- conspirator who sold his drugs on the outside, and then kept some of the profits. The defendant, who pleaded guilty to conspiracy to distribute 50 grams or more of meth, argued that the lower court erred in enhancing his prison term. However, the government sufficiently presented evidence in court that the defendant directed drug deals from prison, which included his co-conspirator depositing money in another inmate's prison account, and then directed a third party to shake down the co-conspirator after he failed to make good his drug debts. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: June 28, 2023, Case #: 21-3763, Categories: drug Offender, sentencing, conspiracy
J. Loken finds a lower court properly sentenced a defendant to 120 months in prison for conspiracy to distribute 500 grams or more of cocaine. The defendant argued that the lower court erred in enhancing his sentence. However, the government sufficiently showed in court that the defendant has a prior conviction for a drug felony. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: June 16, 2023, Case #: 22-1447, Categories: drug Offender, sentencing, conspiracy
J. Loken finds a lower court properly convicted a defendant for conspiracy to distribute heroin and 50 to 500 grams of meth. The defendant argued that his 120 month prison sentence and four years of supervised release is unreasonable, and that the lower court erred in varying upward. However, the government sufficiently showed in court that the defendant conspired with two other associates to send and accept meth via U.S. postal service's priority mail. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: June 15, 2023, Case #: 20-2002, Categories: drug Offender, sentencing, conspiracy