United States v. Jones, No. 19-2134 (8th Cir. 2020)
Annotate this CaseThe Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to one count of possession with intent to distribute cocaine base. The court held that the district court's application of the sentencing guidelines did not result in impermissible double-counting. In this case, by considering the December 2017 drug quantity under USSG 2D1.1, while also considering defendant's December 2017 supervised release status under USSG 4A1.1(d), the district court did not penalize defendant twice for the same conduct. Rather, the court explained that the district court evaluated the seriousness of the offense and defendant's criminal history.
Court Description: [Erickson, Author, with Colloton and Shepherd, Circuit Judges] Criminal case - Sentencing. Claim of double-counting rejected; the district court could consider a drug sale which occurred while defendant was still on supervised release both in calculating drug quantity under Guidelines Sec. 2D1.1 and in determining defendant's offense level under Guidelines Sec. 4A1.1(d).
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