Criminal Law: Distribution of Methamphetamine-Top of the Guidelines Range Sentence-Abuse of Discretion Standard

Defendant pleaded guilty to distribution of five grams or more of methamphetamine. The district court found a guidelines range of 87 to 108 months’ imprisonment and sentenced defendant to imprisonment of 108 months, followed by five years of supervised release.

Where defendant raised mitigating factors in his sentencing memorandum, the district court was presumed to consider those factors and thus did not abuse its discretion to impose a sentence at the top of the guidelines range.

Judgment is affirmed.

U.S. v. Gutierrez (MLW No. 73627/Case No. 18-2766 – 3 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Western District of Missouri.