United States v. Dace, No. 10-3629 (8th Cir. 2011)
Annotate this CaseDefendant pled guilty to conspiracy to manufacture in excess of 50 grams of methamphetamine, as well as possession of pseudoephedrine knowing and having reasonable cause to believe it would be used to manufacture methamphetamine. Defendant appealed his below-Guidelines sentence. The court held that defendant failed to show any plain error because the district court adequately considered then rejected each of defendant's arguments for a downward departure. The court concluded that the district court explicitly considered defendant's argument that his criminal history was overstated because his offenses all stemmed from his addictions. The court also held that defendant's sentence was not substantively unreasonable.
Court Description: Criminal case - Sentencing. District court adequately considered and then rejected defendant's arguments for a downward departure, and no procedural error occurred; sentence was not substantively unreasonable.
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