United States v. Benson, No. 12-1332 (8th Cir. 2013)
Annotate this CaseDefendant was convicted in 1997 of conspiracy to distribute cocaine and cocaine base, and possession with intent to distribute cocaine. On appeal, defendant challenged the district court's refusal to reduce his sentence based on Amendments 750 and 759 to the Sentencing Guidelines. Defendant conceded that the record before the district court did not reflect what proportion of the drug quantity for which he was accountable in 1997 consisted of cocaine base, cocaine, and marijuana. Even on appeal, defendant still had not proffered a theory under which the evidence of record could support a finding of fewer than 3,000 kilograms of marijuana equivalent. Accordingly, the court concluded that the district court properly denied defendant's motion based on a failure of proof and affirmed the judgment.
Court Description: Criminal Case - crack cocaine reduction. Because defendant failed to present evidence to support a finding that he was accountable for fewer than 3,000 kilograms of marijuana equivalent, the district court did not err in denying reduction of his sentenced under the amended guidelines. Judge Smith dissents.
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