United States v. Waddell, Jr., No. 15-2011 (8th Cir. 2016)Annotate this Case
Defendant plead guilty to one count of robbery and aiding and abetting robbery and one count of conspiracy to commit robbery, in violation of the Hobbs Act, 18 U.S.C. 1951. On appeal, defendant challenged his sentence of 57 months in prison. The court concluded that the district court did not err in declining to adjust defendant's offense level downward based on a mitigating role in the offense pursuant to USSG 3B1.2 because defendant did not meet his burden to show that he was substantially less culpable than either of his codefendants. The court also concluded that the district court did not impermissibly rely on facts in a presentence report because defendant did not make a clear and specific objection. Therefore, the district court did not plainly err in relying on those facts when determining defendant's sentence. Accordingly, the court affirmed the judgment.