United States v. Pinkin, No. 11-2059 (8th Cir. 2012)
Annotate this CaseDefendant pleaded guilty to participating in a conspiracy to transport cocaine, convert it to crack cocaine, and to distribute over thirty kilograms of cocaine base. Defendant appealed his sentence. The court held that the district court did not clearly err in denying defendant a minor participant role-in-the-offense reduction under U.S.S.G. 3B1.2(b). The court also held that the district court did not clearly err in finding that defendant's marijuana possession conviction was for a separate and distinct offense and in adding one criminal history point for that offense. Accordingly, the court affirmed the judgment.
Court Description: Criminal case - Sentencing. District court did not err in denying defendant's request for a minimal-role reduction under Guidelines Sec. 3B1.2(b); defendant's prior marijuana conviction was a separate and distinct offense unrelated to the charged conspiracy, and the district court did not err in assessing a criminal history point for the offense.
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