United States v. Campbell, No. 13-1023 (8th Cir. 2014)
Annotate this CaseDefendants Campbell and Bailey appealed their sentences after pleading guilty to conspiracy to possess with intent to distribute anabolic steroids and conspiracy to commit money laundering. Defendants claimed that the district court erred in applying U.S.S.G. 2S1.1(a)(2) in calculating their offense level. The court concluded that defendants invited any procedural error in the calculation of their offense levels by signing plea agreements that recommended that the district court apply section 2S1.1(a)(2). The court also concluded that Bailey properly received criminal history points for his 1998 misdemeanor convictions and for commencing the current offense while on supervised release. Accordingly, the court affirmed the judgment of the district court.
Court Description: Criminal case - Sentencing. In their plea agreements, the defendants agreed to the application of Guidelines Sec. 2S1.1(a)(2)and could not now challenge its use in the calculation of their offense levels; the district court did not err in calculating defendant Campbell's criminal history score as he stipulated to a starting date for the conspiracy which made 1998 convictions countable.
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