United States v. Berry, No. 18-1977 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to one count of possession with intent to distribute a controlled substance. The court held that the district court did not clearly err by finding that the 2015 drug activity was part of the same course of conduct as the 2017 charged conduct; the district court did not clearly err in applying a criminal livelihood enhancement under USSG 2D1.1(b)(15)(E); and the below Guidelines sentence imposed was substantively reasonable where the district court considered defendant's mitigating factors.
Court Description: Grasz, Author, with Shepherd and Melloy, Circuit Judges] Criminal case - Sentencing. The district court did not err in concluding defendant's 2015 drug activity was relevant conduct as it was part of the same course of conduct as the 2017 charged conduct; no error in imposing the criminal livelihood enhancement under Guidelines Sec.2D1.1(b)(15)(E) (2016) based on the facts presented; the district court considered defendant's mitigating factors before imposing a below-guidelines sentence, and the sentence it imposed was not substantively unreasonable.
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