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Criminal Law: Drug Distribution-Sentencing Enhancement-Possession of Dangerous Weapon
Staff Report//September 15, 2023
Criminal Law: Drug Distribution-Sentencing Enhancement-Possession of Dangerous Weapon
Staff Report//September 15, 2023
Defendant appealed the sentence imposed after he pled guilty to drug distribution offenses. The district court applied a two-level sentencing enhancement for possession of a dangerous weapon. Defendant challenged the application of the enhancement.
Where the district court credited testimony from a co-conspirator asserting that defendant possessed a weapon, there was no abuse of discretion in imposing the sentencing enhancement or in declining to sentence defendant below the Guidelines range based on his mitigating factors.
Judgment is affirmed.
U.S. v. Spiehs (MLW No. 80487/Case No. 22-2611 – 4 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, District of Nebraska, Kopf, J.
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