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Defendant pleaded guilty to conspiracy to distribute methamphetamine and substances containing methamphetamine. On appeal, defendant challenged her sentence, arguing that the district court erroneously assigned criminal history points to her prior Iowa conviction for violation of probation.
Where criminal history points were assigned based on the sentence imposed and not on time actually served, the district court properly assigned criminal history points to defendant’s prior Iowa conviction which originally imposed a two-year sentence.
Judgment is affirmed.
U.S. v. Jesse (MLW No. 74556/Case No. 18-3673 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Melloy, J.) Appealed from U.S. District Court, Southern District of Iowa, Ebinger, J. (Paul Rosenberg, of Des Moines, IA for appellant) (Ryan W. Leemkuil, AUSA, of Des Moines, IA for appellee; Mikaela Jo Shotwell, AUSA, of Des Moines, IA on brief)
