United States v. Simms, No. 11-3414 (8th Cir. 2012)
Annotate this CaseDefendant pleaded guilty to conspiracy to distribute and possession with intent to distribute more than one kilogram of heroin. Defendant appealed his sentence, arguing that the district court committed procedural sentencing errors in assessing the criminal history points and in refusing to grant his request for a downward departure. The court held that the district court did not clearly err by crediting certain evidence and assessing three criminal history points for each theft conviction; any error in assessing one criminal history category point for his 2006 conviction for petty larceny was harmless; and the district court did not abuse its discretion when it denied defendant's motion for a downward departure.
Court Description: Criminal case - Sentencing. District court did not err in assessing three criminal history points for each of defendant's theft convictions as they were separate offenses; any error in imposing a criminal history point for defendant's petty offense conviction was harmless in light of the district court's statement that it would impose the same sentence without or without the point; denial of downward departure request was unreviewable.
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