United States v. McSmith, No. 19-3163 (8th Cir. 2020)
Annotate this CaseThe Eighth Circuit affirmed Defendants McSmith and Teagues' sentences for drug-related offenses. The court held that the district court properly calculated the drug quantity under USSG 2D1.1; the district court correctly applied a three-level aggravating role adjustment for McSmith's role as a manager or supervisor under USSG 3B1.1; the district court correctly found that McSmith was under court supervision at the time of the offense in this case, justifying two criminal history points; and defendants' sentences were substantively reasonable where the district court did not abuse its discretion in weighing the 18 U.S.C. 3553(a) factors.
Court Description: [Benton, Author, with Smith, Chief Judge, and Kobes, Circuit Judge] Criminal case - Sentencing. No error in calculating the amount of drugs attributable to defendant McSmith under Guidelines Sec. 2D1.1; the court did not err in imposing a three-level manager/supervisor role enhancement for McSmith under Guidelines Sec. 3B1.1; a criminal history point was properly assessed against McSmith for a 2019 sentence as it was imposed prior to sentencing on the instant offense and was for separate conduct; nor did the court err in assessing criminal history points after determining McSmith had committed the current offense while subject to court supervision; neither McSmith's nor defendant Teagues's sentences were substantively unreasonable.
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