United States v. Edmonds, No. 18-2726 (8th Cir. 2019)
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The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to five counts of distribution of a controlled substance. The court held that the district court did not err by departing upward due to defendant's extensive criminal history in light of the seriousness of the crimes. Furthermore, the district court did not err by imposing an upward variance based on the seriousness of the instant offenses where the undisputed evidence established that defendant sold heroin on multiple occasions that contained fentanyl analogs unsafe for human
consumption. Finally, the district court did not abuse its discretion by imposing a substantively unreasonable sentence.
Court Description: Erickson, Author, with Shepherd and Kobes, Circuit Judges] Criminal case - Sentencing. The district court did not err in departing upwards based on defendant's extensive criminal history and the seriousness of his offenses, which demonstrated an inability to remain law-abiding, even on supervised release; nor did the court err in imposing an upward variance based on the seriousness of the instant offenses, which involved the distribution of heroin compounded with carfentanil and furanyl fentanyl, fentanyl analogs unsafe for human consumption; sentence was not an abuse of the court's discretion or substantively unreasonable.
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