United States v. Garcia, No. 18-3040 (8th Cir. 2019)
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The Eighth Circuit affirmed defendant's sentence imposed after he conditionally pleaded guilty to one count of aiding and abetting the distribution of five grams or more of methamphetamine. For the reasons set forth in United States v. Escalante, No. 18-3033, the court held that the district court did not abuse its discretion in denying defendant's motion for retesting of drug quality and quantity and for approval of expenditures.
The court also held that the district court did not err in considering defendant's previous conviction for aiding and abetting distribution of methamphetamine as a controlled substance offense for the purposes of the career offender sentencing enhancement. Furthermore, the district court did not err in finding that defendant's prior conviction for accomplice to second-degree battery to be a crime of violence for the purposes of the career offender enhancement. Finally, the district court did not err by denying defendant a minor participant or minimal role reduction, and defendant's sentence was substantively reasonable.
Court Description: Shepherd, Author, with Gruender and Benton, Circuit Judges] Criminal case - Criminal law and sentencing. The district court did not abuse its discretion by denying defendant's motion for retesting of drugs and for approval of expenditures - see the court's opinion in U.S. v. Escalante, No. 18-3033, issued this date; no error in applying a career offender enhancement or in denying defendant a minor participant or minimal role offense level reduction; defendant's within-guidelines range sentence was substantively reasonable.
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