United States v. Riehl, No. 14-2135 (8th Cir. 2015)
Annotate this CaseRiehl pleaded guilty to one count of conspiring to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine or 50 grams or more of actual (pure) methamphetamine, 21 U.S.C. 841(a)(1), (b)(1)(A), and 846. The district court calculated Riehl's sentencing guidelines range to be 292 to 365 months and sentenced him to 214 months' imprisonment, after an uncontested departure motion for a 35 percent reduction in the guidelines range. At the sentencing hearing, both parties argued for a downward variance by two levels in anticipation of Amendment 782 to the United States Sentencing Guidelines. The district court recognized it had authority to vary downward but declined to do so, explaining the proposed amendment was not guaranteed to take effect. The Eighth Circuit affirmed. The district court was not required to consider the pending guidelines amendment.
Court Description: Criminal case - Sentencing. The district court did not abuse its discretion by denying defendant's request for a downward variance; the court was not required to consider then pending Guidelines Amendment 782 regarding reduction of drug quantity base offense levels; the district court did not err in considering the 3553(a) factors and the sentence it imposed was not substantively unreasonable; defendant may seek the benefit of Amendment 782 by filing a motion to reduce his sentence. Judge Bright, dissenting and asserting the case should be remanded with instructions to the district court to consider whether defendant is entitled to a sentence reduction in light of Amendment 782.
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