United States v. Escalante, No. 18-3033 (8th Cir. 2019)
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The Eighth Circuit affirmed defendant's sentence imposed after he conditionally pleaded guilty to one count of distribution of 50 grams or more of methamphetamine. The court held that, assuming the district court erred in denying defendant's motion for retesting of drugs and for approval of expenditures without holding an ex parte hearing, the error was not prejudicial because defendant failed to show a reasonable probability that retesting would have aided in his defense and that the denial of retesting resulted in an unfair trial.
The court also held that defendant's sentence was not substantively unreasonable; the district court considered and weighed the 18 U.S.C. 3553(a) sentencing factors; and the district court did not abuse its discretion by varying downward and imposing the sentence.
Court Description: Shepherd, Author, with Gruender and Benton, Circuit Judges] Criminal case - Criminal law and sentencing. Assuming the district court erred in denying defendant's motion for retesting of drugs and for approval of expenditures without conducting an ex parte hearing, the error did not prejudice defendant as defendant failed to show a reasonable probability that retesting would have aided in his defense and that denial of his motion resulted in an unfair trial; below-guidelines range sentence was not substantively unreasonable.
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