United States v. Goodrich, No. 12-2838 (8th Cir. 2014)
Annotate this CaseDefendant appealed his sentence for conspiracy to distribute more than fifty grams of cocaine base and his concurrent sentence for managing a home for the purpose of distributing cocaine base. There was sufficient evidence to find that defendant engaged in a conspiracy involving in excess of 280 grams and any error was not plain; because the district court properly applied the separate U.S.S.G. 4B1.1 enhancement to find an offense level of 37, no plain error occurred because even without the application U.S.S.G. 2D1.1(b)(12), defendant's offense level would have been the same; and the district court did not abuse its discretion and the sentence was reasonable.
Court Description: Criminal case - Sentencing. The district court made findings that defendant had engaged in a conspiracy involving in excess of 280 grams of crack and failure to apply the new amounts in the Fair Sentencing Act was not plain error; while the enhancement under Guidelines Sec. 2D1.1(b)(12) did not apply because the section was not in effect at the time defendant committed his offense, the court properly applied an enhancement under Sec. 4B1.1, and the offense level calculation was not affected by the application of 2D1.1(b)(12);sentences were reasonable.
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