United States v. Hudgens, No. 19-50628 (5th Cir. 2021)Annotate this Case
The Fifth Circuit affirmed defendant's sentence imposed after he pleaded guilty to both counts of a two-count indictment for conspiracy to possess with intent to distribute heroin and methamphetamine. The court concluded that defendant's sentence was not substantively unreasonable and the district court did not abuse its discretion by imposing a 240-month sentence on each count, to run concurrently. In this case, the district court did not abuse its discretion in considering the 18 U.S.C. 3553(a) sentencing factors, including the fact that death resulted from defendant's offense; the upward variance fell within the statutory maximum; and the district court did not improperly consider that the drugs defendant provided the deceased caused her death.
The court issued a subsequent related opinion or order on July 29, 2021.