United States v. Arayatanon, No. 19-60233 (5th Cir. 2020)
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The Fifth Circuit affirmed defendant's conviction and sentence for conspiracy to possess with intent to distribute 500 grams or more of methamphetamine. The court held that the district court did not abuse its discretion by excusing two case agents from sequestration under Federal Rule of Evidence 615 and, in any event, defendant failed to show prejudice. Furthermore, the district court did not err by admitting jailhouse telephone calls.
The court also held that the district court did not err at sentencing in determining the quantity of methamphetamine attributable to defendant for the purpose of calculating his base offense level under USSG 2D1.1(c); the district court did not clearly err by applying a two-level sentencing enhancement under USSG 2D1.1(b)(5); and the district court did not clearly err by sentencing defendant as a career offender under USSG 4B1.1.
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