United States v. Wise, No. 20-3152 (8th Cir. 2021)
Annotate this CaseThe Eighth Circuit affirmed defendant's 300-month sentence imposed after he pleaded guilty to conspiracy to distribute more than 100 grams of a mixture or substance containing heroin. The court concluded that the district court did not rely on clearly erroneous facts in making its sentencing decision and, even assuming the district court did procedurally err, any such error was harmless. In this case, the government explained that the district court found a 300-month sentence appropriate not because it believed fentanyl was present but because heroin distributed by defendant led to someone's death and defendant has an extensive criminal history, with approximately 1 conviction per year since he turned 21 years old. Furthermore, the district court court engaged in a thoughtful and thorough analysis of the 18 U.S.C. 3553(a) factors, and defendant's sentence was not substantively unreasonable.
Court Description: [Shepherd, Author, with Wollman and Kobes, Circuit Judges] Criminal case - Sentencing. The district court did not rely on clearly erroneous facts in making its sentencing decision; even if the court's discussion of the dangers of fentanyl was a procedural error, the error was harmless as the government met its burden to show the sentence would have been the same despite the alleged error; the court engaged in a thoughtful and thorough analysis of the Sec. 3553(a) factors, and defendant's sentence was not substantively unreasonable.
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