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Criminal Law: Possession with Intent to Distribute-Responsibility for Quantity of Drugs-Base Offense Level

Staff Report//February 18, 2019//

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Criminal Law: Possession with Intent to Distribute-Responsibility for Quantity of Drugs-Base Offense Level

Criminal Law: Possession with Intent to Distribute-Responsibility for Quantity of Drugs-Base Offense Level

Staff Report//February 18, 2019//

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Defendant and his co-conspirator were charged with conspiracy and cocaine. Each defendant pleaded guilty, and defendant’s co-defendant testified at defendant’s sentencing hearing. The district court found that defendant was responsible for 500 grams or more of cocaine and increased his base-offense level and advisory sentencing-guidelines range.

Where evidence supported finding that defendant was visiting his co-defendant to help stretch co-defendant’s supply of cocaine and defendant was arrested in proximity to more than 500 grams of cocaine being stretched, the district court did not err by finding defendant was responsible for more than 500 grams of cocaine.

Judgment is affirmed.

U.S. v. Brown (MLW No. 72708/Case No. 17-2987 – 4 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, District of Minnesota

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