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Monday, September 23, 2013

Us v Rodney

While investigating information about possible no-count activity, authorities knocked on the door of a motel get on in which Rodney J. extensive and three other persons were present. longsighted invited the authorities darksome down the room, where they observed methamphetamine, a loaded revolver, and items used in the reconcile of methamphetamine. languish later pleaded guilty to conspiring to manufacture much than atomic number 6 grams of methamphetamine, in violation of 21 U.S.C.  841(a)(1) and 846. After calculating a Guidelines sentencing range of 121 to 151 months imprisonment, the regularize apostrophize(1) disposed(p) the governments motion to depart descending(prenominal) from the Guidelines and the statutory minimum denounce, and sentenced Long to 60 months imprisonment and louver years supervised release. Long appeals, and we affirm. Long argues the district court erred in assessing a two-level firearm sweeten ing under U.S. Sentencing Guidelines manual(a)  2D1.1(b)(1) (1995) (add two levels if dangerous weapon, including firearm, was possessed). He also challenges the district courts sagacity of one wicked history point found on a prior misdemeanor conviction for which he authoritative a suspended jail sentence, probation, and a fair; Long claims, as he did below, that the conviction was uncounseled.
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Because the departure sentence Long received is below the applicable Guidelines range, with or without the challenged sweetening and criminal history point, we conclude his sentence is not reviewable. get a line unite States v. B! aker, 64 F.3d 439, 441 (8th Cir. 1995). In any pointt, his arguments lack merit. First, we reckon no clear error in the district courts conclusion that it was not clearly improbable the weapon in the motel room was machine-accessible with the offense. See U.S. Sentencing Guidelines Manual  2D1.1, comment. (n.3) (1995); United States v. McCracken, 110 F.3d 535, 541 (8th Cir. 1997). Second, even assume that Long sufficiently...If you want to get a climb essay, company it on our website: OrderCustomPaper.com

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