United States v. Yellow Horse, No. 14-1139 (8th Cir. 2014)
Annotate this CaseYellow Horse was convicted of conspiracy to distribute less than 50 kilograms of marijuana, 21 U.S.C. 841(a)(1), 841(b)(1)(D), and 846. At sentencing, the district court determined Yellow Horse could have reasonably foreseen the conspiracy involved 100 kilograms or more of marijuana and calculated his Guidelines range accordingly, imposing a sentence of 57 months imprisonment. The Eighth Circuit affirmed. Yellow Horse knew a number of actors were involved in the conspiracy, understood that it distributed sizable amounts of marijuana and other drugs, and personally witnessed the handling of large quantities of marijuana.
Court Description: Criminal case - Sentencing. For sentencing purposes, the district court did not err in finding defendant could reasonably foresee that the conspiracy involved 100 or more kilograms of marijuana, and the court did not err in calculating the applicable drug quantity.
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