United States v. Sykes, No. 16-1668 (8th Cir. 2017)
Annotate this CaseDefendant appealed his 360 month sentence after pleading guilty to one count of conspiracy to distribute a mixture or substance containing a detectable amount of cocaine base. The court concluded that the district court properly applied a three-level role enhancement under USSG 3B1.1(b) because defendant was a manager or supervisor in the conspiracy, a two-level enhancement under USSG 2D1.1(b)(2) for the use of violence, and a two-level sentencing enhancement under USSG 2D1.1 for maintaining his residence for substantial drug-trafficking activities. Finally, the court explained that it need not consider defendant's claim that the district court erred in calculating the drug quantity because, even if the district court erred, such error would be harmless. Accordingly, the court affirmed the judgment.
Court Description: Melloy, Author, with Wollman and Murphy, Circuit Judges] Criminal case - Sentencing. The district court did not err in imposing enhancements for role in the offense, threatening or using violence and maintaining a drug house; any error in calculating the drug quantity was harmless, as the argued-for reduction would not change defendant's advisory guidelines range of 360 months to life.
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