United States v. Sauceda, No. 19-2287 (8th Cir. 2020)
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The Eighth Circuit affirmed defendant's sentence for conspiracy to distribute 500 grams or more of a mixture and substance containing methamphetamine and 500 grams or more of cocaine. The court also affirmed defendant's sentence for obstruction of justice for retaliating against a witness.
The court held that the district court did not procedurally err in declining to grant a downward departure for the time defendant spent in county jails; the district court's factual findings that the case was delayed because defendant refused to get along with his appointed counsel and made multiple requests for new counsel were consistent with the record and not clearly erroneous; defendant's sentence for conspiracy to distribute controlled substances was not substantively unreasonable; and the district court did not abuse its substantial sentencing discretion in making defendant's separate sentence for obstruction of justice run consecutive to the drug conspiracy offense.
Court Description: [Erickson, Author, with Loken and Shepherd, Circuit Judges] Criminal case - Sentencing. The district court's finding that the case was delayed because defendant refused to get along with his appointed counsel was supported by the record, and the court did not err in declining, in part, to grant a downward departure for time defendant spent in county jail; defendant's sentence on his drug conspiracy conviction was not substantively unreasonable; the district court did not abuse its discretion in making defendant's separate sentence for obstruction of justice consecutive to his sentence for the drug offense.
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