United States v. Garcia, No. 14-1530 (8th Cir. 2014)
Annotate this CaseGarcia and six co-defendants were charged with conspiracy to distribute 500 grams or more of a mixture containing methamphetamine, 21 U.S.C. 841(a), 846. Garcia pled guilty without a plea agreement. The district court concluded that Garcia was responsible for more than 15 kilograms of a mixture containing methamphetamine, which resulted in a base offense level of 38 under U.S.S.G. 2D1.1(c)(1). Garcia also received a two-level enhancement under 2D1.1(b)(12) 2 for maintaining a premise for the purpose of distributing a controlled substance, and a three-level enhancement under 3B1.1(b) for being a manager or supervisor in criminal activity involving five or more participants. After applying a three-level reduction for acceptance of responsibility, the court calculated Garcia's total offense level at 40 and imposed a within-Guidelines range sentence of 292 months. The Eighth Circuit affirmed, rejecting arguments that the district court erred by incorrectly calculating his base offense level, relying on inadmissible hearsay in determining that Garcia had maintained a stash house, concluding that he was a manager or supervisor, and refusing to impose a sentence below the Guidelines range.
Court Description: Criminal case - Sentencing. The district court's drug quantity calculation was supported by the record; no error in applying a two-level enhancement under Guidelines Sec. 2D1.1(b)(12) for maintaining a drug or "stash" house; no error in imposing a three-level enhancement under Guidelines Sec. 3B1.1(b) for role in the offense; sentence was not substantively unreasonable.
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