United States Eighth Circuit

Defendants' convictions and sentences for conspiracy to distribute and possession with intent to distribute 500 grams or more of methamphetamine and five kilograms or more of cocaine are affirmed where: 1) the district court properly considered the relevant conduct for which defendant was responsible in comparison to other members of the organization and did not commit clear error in its factual determination that defendant's role was not minor; 2) defendants were active, necessary, and well-compensated members of the conspiracy, and their roles as couriers did not necessarily entitle them to the minor role adjustment; 3) the presence of firearms in the garage where defendant received drugs and dispatched large sums of money to the west coast made the fact of his involvement in the drug conspiracy more probable and evidence of this was thus properly admitted; and 4) the district court did not clearly err in imposing a three-level enhancement for his role in the offense.

Appellate Information

• Decided 06/24/2010
• Published 06/24/2010

Judges

• WOLLMAN, Circuit Judge., Before RILEY, Chief Judge,BRIGHT, and WOLLMAN, Circuit Judges.

Court

• United States Eighth Circuit

Counsel