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Criminal Law: Conspiracy to Distribute Methamphetamine-Description of Offense Conduct-Sentencing Guidelines Calculation

Staff Report//July 1, 2019//

Criminal Law: Conspiracy to Distribute Methamphetamine-Description of Offense Conduct-Sentencing Guidelines Calculation

Staff Report//July 1, 2019//

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Defendant pleaded guilty to conspiracy to distribute and possession with intent to distribute methamphetamine. Defendant unsuccessfully objected to the presentence investigation report’s description of the offense conduct and the proposed Sentencing Guideline calculation. The district court ultimately imposed a low-end sentence of 360 months’ imprisonment.

Where the district court was entitled to rely on hearsay evidence with sufficient indicia of reliability during sentencing proceedings and where the evidence in defendant’s case was corroborated by other witness statements and evidence collected by investigators, the district court was justified in its calculation of the Guidelines range.

Judgment is affirmed.

U.S. v. Angeles-Moctezuma ((MLW No. 73423/Case No. 18-3227 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Erickson, J.) Appealed from U.S. District Court, Eastern District of Missouri, Perry, J. (Craig Joseph Concannon of St. Louis, MO for appellant) (Sirena Miller Wissler, AUSA, of St. Louis, MO for appellee)

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