United States v. Omigie, No. 19-40526 (5th Cir. 2020)
Annotate this CaseThe Fifth Circuit affirmed defendant's conviction for conspiring with intent to distribute cocaine. The court held that defendant was aware of his sentencing exposure and would have pleaded guilty regardless of any error in the district court's admonishment; the forfeiture order must stand in spite of the district court's procedural shortcomings; and the district court did not clearly err in imposing a leadership-role adjustment under USSG 3B1.1(b) and in denying defendant an adjustment for acceptance of responsibility under USSG 3E1.1(a). However, the court remanded for the district court to determine whether the condition of supervised release imposed in his judgment is consistent with the court's oral pronouncement at sentencing.
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