United States v. Hull, No. 10-3138 (8th Cir. 2011)
Annotate this CaseDefendant pled guilty to distribution of cocaine base within 1000 feet of a protected location after a prior conviction for a felony drug offense and to being a felon and domestic abuser in possession of a firearm. Defendant appealed his concurrent sentences of 286 months imprisonment on the first count and 120 months imprisonment on the second count. The court held that the district court's finding that the gun was connected to defendant's drug-trafficking activities was supported by ample evidence and was not clearly erroneous; that the district court did not clearly err in concluding that defendant was an organizer, leader, manager, or supervisor in the drug-trafficking activity; that the district court did not clearly err in attributing more than 50 grams of cocaine base to defendant; that the district court did not clearly err in denying defendant's request for an acceptance of responsibility; and that the district court properly considered all of the 18 U.S.C. 3553(a) factors. Accordingly, the court held that the sentences imposed were not substantively unreasonable.
Court Description: Criminal case - Sentencing. No error in imposing an enhancement under Guidelines Sec. 2D1.1(b)(1) for possession of a firearm in connection with defendant's drug offense or an enhancement under Guidelines Sec. 3B1.1(C) for defendant's leadership role in the offense; drug quantity calculation was not erroneous; no error in denying request for a reduction for acceptance of responsibility as defendant made false statements, instructed his wife to lie to the grand jury and continued, even after his plea, to deny any connection between the firearm and his drug offense; sentence was not unreasonable in light of defendant's conduct, the quantity of drugs, and the escalating nature of his criminal behavior.
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