United States v. Pierre, No. 16-2797 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit affirmed defendant's convictions for conspiracy to defraud the government and money laundering. The court held that defendant's double jeopardy claim failed or was barred by his guilty plea; the district court did not clearly err when it found that defendant's incarcerated victims were vulnerable and applied an enhancement under USSG 3A1.1; the district court did not impermissible double-count when it imposed a two-level increase for ten or more victims, and when it imposed an 18-level increase for intended loss based on the 770-plus social security numbers used to file the fraudulent tax returns through Minnesota companies; the district court reasonably sentenced defendant based on a greater amount of loss; and the district court did not abuse its discretion in deciding that at least some of defendant's conduct in Florida was not relevant conduct to the Minnesota conspiracy and thus declined to run defendant's sentences concurrently.
Court Description: Per Curiam - Before Loken, Gruender and Shepherd, Circuit Judges] Criminal case - Sentencing. Defendant was sentenced based on a binding plea agreement that included a base offense level and drug quantity but did not include a criminal history score or guidelines range, and thus was not expressly based on a guidelines range that was later lowered by the Sentencing Commission; as a result, the district court did not err in denying defendant's motion for a sentence reduction pursuant to 18 U.S.C. Sec. 3582(c)(2).
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