United States v. Ruelas-Carbajal, No. 18-2454 (8th Cir. 2019)
Annotate this CaseAn acquittal does not prevent the sentencing court from considering conduct underlying the acquitted charge, so long as that conduct has been proved by a preponderance of the evidence. The Eighth Circuit affirmed defendant's sentence for conspiracy to distribute and possess with intent to distribute methamphetamine, and distributing methamphetamine. The court held that the district court applied the proper standard of proof and its finding of drug quantity, including the amount covered by the distribution count that defendant was acquitted on, was adequately supported. Finally, the district court did not err by imposing an enhancement under USSG 3C1.1 for obstruction of justice, because defendant willfully testified falsely on material matters.
Court Description: Colloton, Author, with Beam and Shepherd, Circuit Judges] Criminal case - Sentencing. Acquitted conduct may be considered by the sentencing court so long as the conduct has been proved by a preponderance of evidence, and the district court did not err in holding defendant responsible for the drugs covered by the distribution count on which he was acquitted; no error in imposing an obstruction of justice enhancement under Guidelines Sec. 3C1.1 based on the court's finding defendant had willfully testified falsely on material matters.
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