United States v. Sterling, No. 18-2974 (8th Cir. 2019)Annotate this Case
Defendant appealed his 125 month sentence imposed after he pleaded guilty to two counts of cocaine distribution and one count of conspiracy to distribute 28 grams or more of cocaine. The district court determined that defendant's base offense level was 26, based on unchallenged drug quantity facts stated in the Presentence Investigation Report (PSR).
The Eighth Circuit reversed in part, holding that the government failed to prove estimated drug quantity above base offense level 24 with information that "has sufficient indicia of reliability to support its probable accuracy." However, the court held that the district court did not err by imposing a two-level sentencing enhancement under USSG 2D1.1(b)(1) for possession of a dangerous weapon. Accordingly, the court remanded for resentencing.