U.S. v. Paulette

Dist. Ct. did not err in sentencing defendant to 300-month term of incarceration on drug conspiracy charge, even though defendant argued that Dist. Ct. improperly counted certain years of drug sales as relevant conduct in charged drug conspiracy. Dist. Ct. could properly include as relevant conduct drug sales that occurred in 2011 and 2012, even though defendant contended that charged conspiracy did not begin until 2013, since: (1) instant plea agreement contained drug transactions in methamphetamine that could only have occurred prior to 2013; and (2) Dist. Ct. was not required to accept defendant’s argument that methamphetamine quantity mentioned in plea agreement happened in undisclosed transactions that occurred post 2013. Defendant also failed to provide supportive evidence that charged conspiracy began only after 2013. Ct. rejected, though, govt.’s argument that defendant’s guilty plea precluded instant sentencing challenge on ground that said plea amounted to admission of truth of every detail alleged in conspiracy count, where: (1) defendant’s guilty plea admitted to only essential elements of charged conspiracy; and (2) drug type and quantity are not essential elements of charged conspiracy offense.