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Tag Archives: Conspiracy to Distribute

Criminal Law: Conspiracy to Distribute-Within-Guidelines Sentence-Substantive Reasonableness of Sentence

Defendant appealed from his conviction for conspiracy to distribute a substance containing methamphetamine, aiding and abetting, and witness tampering. The district court imposed a within-guidelines sentence. On appeal, defendant challenged the substantive reasonableness of his sentence. Where the district court ...

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Criminal Law: Conspiracy to Distribute-Sufficiency of Evidence-Ineffective Assistance of Counsel

Defendant appealed from his conviction for conspiracy to distribute a mixture and substance containing a detectible amount of cocaine. On appeal, defendant challenged several trial court rulings and argued that the trial court failed to instruct the jury properly. Defendant ...

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Criminal Law: Conspiracy to Distribute-Reduced Sentencing Guidelines-Substantive Reasonableness of Sentence

Defendant pleaded guilty to conspiracy to distribute methamphetamine. The district court applied a 35 percent reduction to defendant’s sentencing guidelines and further imposed a downward variance from that range. On appeal, defendant argued that his sentence was procedurally flawed and ...

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Criminal Law: Conspiracy to Distribute-Downward Variance-Substantive Reasonableness of Sentence

Defendant pleaded guilty to conspiracy to distribute controlled substances. At sentencing, defendant conceded that the applicable range under the guidelines was 360 months to life. The district court granted a downward variance from the bottom of the guidelines range. On ...

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Criminal Law: Conspiracy to Distribute-Ineffective Assistance of Counsel-Failure to Object to Lack of Factual Basis

Defendant appealed the denial of his motion alleging ineffective assistance of counsel. Defendant pleaded guilty to conspiracy to distribute and conspiracy to launder money. Although the magistrate questioned the factual basis for defendant’s plea to the money-laundering charge, the district ...

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Criminal Law: Conspiracy to Distribute-Base Level of Offense-Upward Sentence Variance

Defendant pleaded guilty to conspiracy to distribute and being a felon in possession of a firearm. At sentencing, the district court found defendant was responsible for distributing 17.5 grams of cocaine base and fell into criminal-history category V. The district ...

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Criminal Law: Conspiracy to Distribute- Sufficiency of Evidence- Reasonableness of Sentence

Where defendant’s delivery of large quantities of narcotics would lead to reasonable belief that recipients of the narcotics would further distribute them, out-of-court statements of recipients were not hearsay where otherwise admissible to show defendant was in conspiracy with recipients ...

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