United States v. Robertson, No. 16-3645 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit affirmed defendant's conviction for conspiracy to possess and distribute 100 grams or more of PCP and conspiracy to commit money laundering. The court remanded for correction of defendant's sentence on the money laundering count. The court held that the district court did not clearly err in calculating a base offense level of 30, and the district court properly applied a two-level increase for reckless endangerment during flight under USSG 3C1.2. However, the court vacated the sentence on the money laundering conspiracy count because it exceeded the 20-year statutory maximum. Therefore, the court remanded for the district court to limit the term of imprisonment on that count to 240 months.
Court Description: Colloton, Author, with Benton and Kelly, Circuit Judges] Criminal Case - Conviction and Sentence. On conviction for drug trafficking of PCP and conspiracy to commit money laundering, district court did not clearly err in holding Robertson accountable for one kilogram of PCP, as Robertson was accountable for quantities possessed or distributed by others in furtherance of the conspiracy, the conversion ratio was supported by the record, and the record supported the number of transactions and the amount of PCP in the particular containers. Application of a two-level increase for reckless endangerment during flight under section 3C1.2 was not clear err because he fled to avoid apprehension for his money laundering offense. The sentence, within the advisory guidelines range, was not substantively unreasonable. The concurrent sentence of 252 months on the money laundering conspiracy count exceeds the 20-year statutory maximum and thus is vacated and remanded to limit the term of imprisonment on that count to 240 months. The order granting leave to file a pro se supplemental brief is vacated.
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