United States v. Gamboa, No. 12-1265 (8th Cir. 2012)
Annotate this CaseDefendant pled guilty to one count of conspiring to distribute methamphetamine and the district court sentenced her to 120 months' imprisonment. The court held that the district court did not clearly err in finding defendant was a supervisor of the conspiracy and denying safety-valve relief. The court also held that the district court did not err in denying her an opportunity to withdraw her guilty plea where she withdrew her motion to withdraw her guilty plea and waived her right to raise the argument on appeal. Accordingly, the court affirmed the judgment.
Court Description: Criminal case - Sentencing. The district court did not err in denying defendant's request for safety-valve sentencing when the record showed she played a supervisory role in the conspiracy; defendant withdrew her motion to withdraw her guilty plea and the court would not consider her argument that the district court erred in refusing to permit her to withdraw her plea.
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