United States v. Rivera-Mendoza, No. 11-3415 (8th Cir. 2012)
Annotate this CaseDefendant, a Mexican citizen, pled guilty to conspiracy to distribute methamphetamine and re-entry as a previously removed alien. The district court imposed a 420-month sentence. Defendant appealed the denial of his motion to dismiss for improper venue and his sentence. The Eighth Circuit affirmed, holding (1) venue was proper in the Northern District of Iowa because authorities learned of Defendant's deportation in the Northern District; (2) the district court did not err procedurally by applying an importation enhancement and refusing to grant an acceptance-of-responsibility reduction; and (3) the district court did not abuse its discretion in imposing a 420-month sentence, as the sentence was substantively reasonable.
Court Description: Criminal case - Criminal law and Sentencing. Venue was proper in Northern Iowa as that is where authorities confirmed defendant's identity and ascertained his deportation status; no error in imposing an enhancement under Guidelines Sec. 2D.1(b)(5) based on the importation of the drugs from Mexico; no error in denying defendant's request for an acceptance-of-responsibility reduction as defendant falsely denied the importation of the drugs and falsely claimed his participation was coerced; sentence was substantively reasonable. [ June 21, 2012
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