United States v. Soto, No. 14-2545 (8th Cir. 2015)
Annotate this CaseSoto pled guilty, with an agreement, to conspiring to distribute methamphetamine, 21 U.S.C. 841(a)(1) and 846. His presentence report calculated a two-level reduction to his base offense level, based on U.S.S.G. 3B1.2(b), for being a minor participant, which would require a commensurate four-level reduction under U.S.S.G. 2D1.1(a)(5)(iii). Based on these and other reductions, the PSR computed an offense level of 27 and an advisory range of 70 to 87 months imprisonment. The government agreed “not to object to a finding by the probation office or a ruling by the court which awards the defendant an appropriate level decrease in the base offense level for [his] role in the offense.” Soto acknowledged that any discussions about sentencing did not bind the district court. The court arrived at a final advisory Guidelines range of 87 to 108 months and sentenced Soto to 87 months imprisonment. After filing his appeal, Soto filed an unopposed motion to reduce his sentence pursuant to 18 U.S.C. 3582(c)(2), which the district court granted. The Eighth Circuit affirmed, rejecting arguments that the court failed to provide notice of an upward departure and to allow Soto’s attorney “a meaningful opportunity” to comment on Soto’s role in the conspiracy.
Court Description: Criminal case - Sentencing. Rule 32(h) by its terms applies to departures only, not to the original calculation of the Guidelines range, and the court did not have to give defendant prior notice of its intent not to apply the minor participant reduction as part of its calculation of the advisory guidelines range; district court properly followed Rule 32(i)(1)(C) with respect to inviting defendant to comment on the minor participant reduction,a downward departure for substantial assistance, and the 3553(a) factors. [ February 23, 2015
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