United States v. Dengler, No. 12-1268 (8th Cir. 2012)
Annotate this CaseDefendant pled guilty to charges related to his involvement in a marijuana and cocaine conspiracy. On appeal, defendant challenged his sentence. The court agreed with the district court that it was unnecessary for it to decide who had the burden to prove whether U.S.S.G. 2D1.8(a)(1) or 2D1.8(a)(2) applied; since the evidence established that defendant did much more than merely "allow use of his premises," the district court properly determined that he was ineligible for the lower base offense level under Section 2D1.8(a)(2); the district court did not plainly err in not granting defendant safety-valve relief pursuant to U.S.S.C. 5C1.2; and defendant's sentence was substantively reasonable.
Court Description: Criminal case - Sentencing. By showing defendant was an active participant in the drug conspiracy, the Government proved defendant was not eligible for Guideline Sec. 2D1.8(a)(2)'s lower base offense level; no error in denying safety-valve reduction as defendant failed to produce any evidence that he truthfully provided the government all the information he had concerning the offense; sentence was not substantively unreasonable.
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