United States Eighth Circuit

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US v. Cosey, 09-1266

Defendant's cocaine base distribution sentence is affirmed where: 1) Eighth Circuit precedent established that Kimbrough did not require a district court to consider the crack-powder disparity when sentencing for a crack offense; 2) defendant offered no support for his contention that he should have been compared to defendants whose career offender Guidelines range was 292 to 326 months; 3) coconspirator guilt was not the exclusive avenue of proof of conspiratorial involvement for a leadership enhancement; and 4) it was not clearly improbable that the weapon was connected with the offense.

Appellate Information

  • Submitted 11/19/2009
  • Decided 04/28/2010
  • Published 04/28/2010

Judges

  • Before MURPHY, SMITH, and BENTON, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Eddie Cosey, Greenville, IL, pro se., Frederick J. Goetz, Goetz & Eckland, argued, Minneapolis, MN, for Appellant.

  • For Appellees:
  • Clifford R. Cronk, U.S. Attorney's Office, argued, Davenport, IA, for Appellee.