Possession with intent to distribute cocaine

Federal court sentence for possession with intent to distribute cocaine 

Defendant pleaded guilty to possession of cocaine with intent to distribute.  The District Court determined the Guidelines range to be 37 to 46 months.  The District Court expressed incredulity about defendant’s lack of drug trafficking experience, even though the government had no such evidence.  The District Court sentenced defendant to 46 months prison.

Where there was no indication the District Court used an improper inference of past drug trafficking as a principal basis to the imposed sentence, and expressly declined to make a finding based on speculation, the District Court did not procedurally err in fashioning defendant’s sentence.  Affirmed.

United States v. Balderrama-Chavez, 18-2474, appealed from the Western District of Arkansas, per curiam.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

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