United States Seventh Circuit
US v. Sainz-Preciado, 07-3706
Sentence for drug crimes is affirmed where: 1) the district court did not err in in its drug quantity finding, and in crediting the informant's testimony and holding defendant responsible for numerous cocaine deliveries; 2) the court did not err in applying a sentencing enhancement under U.S.S.G. sec. 3B1.1(b) for his role in the offense as defendant had relative responsibility and control over other participants and thus qualified as a manager; 3) there was no error in defendant's failure to receive an additional one-level reduction in his offense level under U.S.S.G. sec. 3E1.1(b) for acceptance of responsibility as the government never made a motion for an additional point reduction; and 4) defendant's sentence is reasonable notwithstanding the court's failure to explicitly discuss the 18 U.S.C. sec. 3553(a) factors as the court's stated reasons for choosing defendant's sentence reflect a meaningful consideration of the factors.
Appellate Information
- Argued 12/11/2008
- Decided 05/27/2009
- Published 05/27/2009
Judges
- TINDER, Circuit Judge., Before MANION, EVANS, and TINDER, Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellees:
- Thomas D. Shakeshaft (argued), Office of The United States Attorney, Chicago, IL, for Plaintiff-Appellee., Marc Barnett (argued), Chicago, IL, for Defendant-Appellant.