United States v. Asante, No. 13-15651 (11th Cir. 2015)
Annotate this CaseDefendant-appellant Emmanuel Asante pled guilty to two firearms offenses and the district court sentenced him at the bottom of the advisory sentencing guideline range to forty-six months in prison. Asante claimed on appeal of that sentence that the district court erred in calculating his sentencing range because the court enhanced his offense level for both trafficking and exporting firearms without sufficient evidence to support either enhancement. He further argued that, even if there was evidence to support each of those enhancements, to apply both in Asante's case impermissibly double-counted the same conduct. After review, the Eleventh Circuit rejected each of defendant's arguments and concluded that Asante's sentence at the bottom of the properly calculated sentencing range was not substantively unreasonable. Lastly, the Court rejected Asante's complaint that the district court should have redacted information in the presentence report regarding threats he made against the prosecutor and a magistrate judge who denied Asante's request for pretrial release on bond.
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