United States v. Cole, No. 10-3710 (8th Cir. 2011)
Annotate this CaseDefendant pled guilty to conspiracy to distribute and possess with intent to distribute cocaine and cocaine base. At sentencing, the district court applied a three-level enhancement under U.S.S.G. 3B1.1(b) after finding that defendant had played a managerial or supervisory role in the conspiracy. Defendant appealed, arguing that the district court erred in applying the enhancement and that his sentence was unreasonable. The court held that the evidence supported the district court's application of the enhancement and therefore, the court affirmed the district court's conclusion that defendant had a managerial or supervisory role in the conspiracy. The court also held that the district court's below guideline sentence was not substantively unreasonable.
Court Description: Criminal case - Sentencing. No error in imposing an enhancement under Guidelines Sec. 3B1.1(b) for role in the offense; sentence was not substantively unreasonable.
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