United States v. Alexander, No. 12-3386 (8th Cir. 2013)
Annotate this CaseDefendant was convicted of one count of conspiring to distribute and possess with intent to distribute methamphetamine and three counts of distributing methamphetamine. On appeal, defendant challenged his conviction on the conspiracy count, his sentence of 324 months imprisonment, and ordered entry of a personal money judgment. The court concluded that a reasonable jury could determine that defendant's conspiracy involved at least 50 grams of pure methamphetamine; the district court did not err in its drug quantity findings; the district court did not clearly err in finding that defendant qualified for the two level enhancement under U.S.S.G. 3B1.1(c) for being an organizer, leader, manager, or supervisor in any criminal activity; the district court did not err in imposing an enhancement under U.S.S.G. 2D1.1(b)(1) for possession of a dangerous weapon; the district court did not abuse its discretion in sentencing defendant to 324 months, the bottom of his guidelines range; and, given the totality of the evidence regarding the quantities and prices of drugs sold, the frequency of sales, and the length of the conspiracy, the district court did not err in finding that defendant's drug trafficking involved at least $50,000 in proceeds. Accordingly, the court affirmed defendant's convictions, sentence, and money judgment.
Court Description: Criminal case - Criminal law and sentencing. Evidence was sufficient to support defendant's conviction for conspiracy to distribute and possess methamphetamine; district court did not err in finding defendant was responsible for between 1.5 and 5 kilos of methamphetamine; no error in imposing an enhancement under Guidelines Sec. 3B1.1(c) for being an organizer, leader, manager or supervisor of the criminal activity; no error in imposing an enhancement under Guidelines Sec. 2D1.1(b)(1) for possession of a dangerous weapon where defendant traded drugs for guns; sentence was not substantively unreasonable; no error in imposing a personal money judgment against defendant based on the proceeds he received from drug dealing. [ May 14, 2013
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