United States v. Bollinger, No. 17-1728 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit affirmed defendant's 130 month sentence after he pleaded guilty to one count of heroin distribution. The court held that the district court did not err by imposing an upward departure for distribution of heroin resulting in death under USSG 5K2. The court also held that the district court did not give significant weight to an irrelevant factor by giving weight to defendant's knowledge that the victim used Vivitrol; the district court gave adequate weight to the 18 U.S.C. 3553(a) factors; and the sentence was within the range of reasonableness for a drug offense resulting in death and thus was substantively reasonable.
Court Description: Colloton, Author, with Benton and Erickson, Circuit Judges] Criminal case - Sentencing. The district court did not err in imposing an upward departure under Guidelines Sec. 5K2.1 where defendant distributed heroin resulting in death; the district court weighed the relevant factors set out in the guideline, and the sentence imposed was not an abuse of the district court's discretion.
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