United States v. Valencia, No. 15-2173 (8th Cir. 2016)
Annotate this CaseDefendants Valencia and Rangel-Ortega appealed their sentences after pleading guilty to several drug-related offenses. The district court sentenced Valencia to 292 months’ imprisonment and Rangel-Ortega to 240 months’ imprisonment. The court concluded that Rangel-Ortega's appeal falls within the scope of his appeal waiver, the waiver was made knowingly and voluntarily; and the enforcement of the waiver will not result in a miscarriage of justice. The court turned to the merits of Valencia's appeal based on a misstatement given by the magistrate judge. The court concluded that the district court did not clearly err when it found that Valencia acted as a manager or supervisor for the drug-distribution ring and the court upheld the district court's decision to apply the three-level enhancement under USSG 3B1.1(b). Accordingly, the court affirmed Valencia's sentence and dismissed Rangel-Ortega's appeal.
Court Description: Gruender, Author, with Kelly, Circuit Judge, and Ericksen, District Judge] Criminal case - Sentencing. Defendant Rangel-Ortega signed a valid appeal waiver, and his appeal is dismissed; because the court misstated the scope of defendant Valencia's appeal waiver at the change-of-plea hearing, the court would consider his challenge to his sentence; the district court did not err in imposing an enhancement under Guidelines Sec. 3B1.1(b) based on its finding defendant Valencia acted as a manager or supervisor.
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