United States v. Gonzalez Alcalde, No. 15-1329 (8th Cir. 2016)
Annotate this CaseDefendant appealed his 188 month sentence after pleading guilty to conspiracy to distribute methamphetamine. The court concluded that the district court did not err by applying a role enhancement under USSG 3B1.1(b) where the record demonstrates that the conspiracy involved five participants and defendant directed the actions of two coconspirators by instructing them to deposit drug proceeds and by instructing one of them to send photos of drug packages. The court also concluded that the district court did not clearly err by attributing to defendant 4.5 kilograms of actual methamphetamine. Finally, the government did not breach defendant's cooperation agreement by offering testimony regarding his proffer statements to support its drug quantity calculation. Accordingly, the court affirmed the sentence.
Court Description: Murphy, Author, with Beam and Gruender, Circuit Judges] Criminal case - Sentencing. No error in applying a role enhancement under Guidelines Sec. 3B1.1(b) as the conspiracy involved five participants and defendant directed the actions of at least two of them; no error in calculating the amount of drugs or in permitting the government to offer defendant's proffer statements concerning quantity after he contested the quantity calculation.
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