United States v. Schmitt, No. 13-3215 (8th Cir. 2014)
Annotate this CaseDefendant appealed her sentence after being convicted of drug conspiracy and possession charges. The district court found defendant ineligible for safety valve relief under 18 U.S.C. 3553(f) because she had been convicted, in 2008, under Iowa law for possession of drug paraphernalia and buying illegal amounts of pseudoephedrine. The court concluded that the district court did not clearly err in determining that defendant's buying conviction was not relevant conduct to her latest offenses. Accordingly, the court affirmed the judgment of the district court.
Court Description: Criminal case - Sentencing. The district court did not err in determining defendant's 2008 conviction for buying illegal amounts of pseudoephedrine was not relevant conduct to the current conviction, and the court did not err in imposing a point for the prior conviction, thereby disqualifying defendant for safety-valve relief.
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