United States Eighth Circuit

Defendant's sentence for possession of crack cocaine with intent to distribute is affirmed where: 1) defendant's conduct supported a reasonable inference that he might hide a gun he used in his drug trafficking operation in a location he controlled, though not in his name; and 2) the district court was aware of its discretion to consider a variance based on the crack/powder disparity and did not abuse its discretion in deciding not to exercise such discretion to grant defendant's requested variance.

Appellate Information

• Decided 08/26/2010
• Published 08/26/2010

Judges

• Lavenski B. Smith

Court

• United States Eighth Circuit

Counsel