United States v. Sherman, No. 19-2145 (8th Cir. 2020)
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Defendant was convicted of conspiring to distribute 50 grams or more of cocaine base and sentenced to 240 months in prison. The district court considered the sentence appropriate and subsequently denied defendant's motion to reduce his sentence under the First Step Act of 2018.
The Eighth Circuit affirmed, holding that the district court did not improperly calculate the advisory guideline range by finding that defendant was accountable for more than 30 kilograms of cocaine base; the district court did not clearly err in applying a base offense level of 38 given the testimony at trial and defendant's role as a supplier for the conspiracy; and the district court did not err by declining to respond explicitly to defendant's plea based on alleged post-sentencing rehabilitation.
Court Description: [Colloton, Author, with Shepherd and Erickson, Circuit Judges] Criminal Case - First Step Act. Sherman sought a sentence reduction under the First Step Act, below his original 240-month sentence, the then statutory minimum and below the sentencing guidelines range of 292 to 365 months imprisonment. The district court, finding that the trial testimony indicated the conspiracy involved over 30 kilograms of cocaine base, and noting Sherman received a sentence below the guidelines range, denied a sentence reduction. The district court did not clearly err in applying a base offense level of 38 and was not required to reduce the sentence based upon a showing of post-sentencing rehabilitation. The court did not err by declining to respond explicitly to Sherman's plea based on alleged post-sentencing rehabilitation. [ May 27, 2020 ]
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