United States v. Mendoza, No. 14-1725 (8th Cir. 2015)
Annotate this CaseMendoza began a five-year term of supervised release in December 2012 after serving a 200-month prison sentence for possessing methamphetamine with intent to distribute. In November 2013, Texas State Trooper Honesto stopped Mendoza for a traffic violation while he was driving a rental car from California to his home in Arkansas. The stop led to a probable cause search of the car and to Mendoza’s arrest when 70 vacuum-sealed bundles containing 85 pounds of marijuana were found in duffle bags in the car’s trunk. Mendoza’s probation officer petitioned to commence revocation proceedings. Following an evidentiary hearing, the district court imposed a 37-month revocation sentence. The Eight Circuit affirmed, rejecting an argument that the court committed plain procedural error in determining the advisory guidelines range sentence based on a Grade A supervised release violation without making a specific finding that Mendoza possessed the marijuana with intent to distribute.
Court Description: Criminal case - Sentencing. In a proceeding to revoke defendant's supervised release for committing another crime, the grade of the violation does not depend on the conduct that is the subject of the criminal charges, but rather the actual conduct, and the fact that the State of Texas charged defendant with possessing marijuana does not preclude a finding that he possessed the marijuana with intent to distribute and thus committed a Grade A controlled substance offense violation; the evidence at the hearing clearly supported the inference, drawn by the district court, that defendant was engaged in drug trafficking when he was arrested while driving 85 pounds of high-grade marijuana from California to Arizona and his 35-month sentence was well below the five-year maximum he could be given for violation of any condition of his supervision.
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