United States v. Harris, No. 17-3341 (8th Cir. 2018)Annotate this Case
The Eighth Circuit vacated defendant's 175 month sentence for conspiracy to distribute heroin. The court held that the district court clearly erred in including 17.5 grams of cocaine base in determining his base offense level, and committed plain error in assigning a criminal history point for an offense committed while he was a minor. The court held that the plain error placed defendant in the wrong criminal history category and affected his substantial rights. The court remanded for resentencing.