United States v. Outlaw, No. 18-2958 (8th Cir. 2020)
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The Eighth Circuit affirmed defendant's conviction and sentence for conspiracy to distribute heroin and aiding and abetting the distribution of heroin. The court held that the evidence was sufficient to support the jury verdicts. In this case, ample evidence showed that defendant knowingly and intentionally joined a conspiracy to distribute heroin, and a jury could reasonably infer that defendant knew in advance that he was driving to a drug transaction and intentionally facilitated his associate's transfer of heroin.
The court also held that the district court did not err by applying a four-level sentencing increase under USSG 3B1.1(a) for an aggravating role in the offense, and a two-level sentencing increase under USSG 3C1.1 for obstruction of justice. Finally, the district court did not abuse its discretion in declining to grant a downward variance.
Court Description: Colloton, Author, with Loken and Kobes, Circuit Judges] Criminal Case Criminal Law and Sentence. Outlaw pleaded guilty to distributing heroin and a jury convicted him of conspiring to distribute heroin and aiding and abetting. On appeal, Outlaw challenges the sufficiency of the evidence to support the jury verdicts. Ample evidence was presented that Outlaw knowingly and intentionally joined a conspiracy to distribute heroin; based on the evidence supporting aiding and abetting charge, a jury reasonably could have inferred that Outlaw knew in advance that he was driving to a drug transaction and intentionally facilitated his associate's transfer of heroin. The district court did not clearly err in applying the four-level increase for an aggravating role in the offense under Guidelines sec. 3B1.1(a), or the two-level increase for obstruction of justice under Guidlines sec. 3C1.1, as there was sufficient evidence to support the court's finding. The sentence within the advisory range was reasonable.
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