U.S. v. Musgraves

Dist. Ct. did not err in sentencing defendant to 240-month term of incarceration, even though: (1) Dist. Ct. imposed said sentence after Ct. of Appeals had reversed three out of five convictions on drug and firearm charges in which Dist. Ct. had imposed same sentence; and (2) Dist. Ct. based said sentence in part on finding by preponderance of evidence that defendant had actually committed misconduct at issue in charges to which he had been acquitted. Record supported preponderance of evidence finding that defendant had planted drugs and gun in third-party’s car and had motive, as well as opportunity to do so, where: (1) evidence tied defendant to said drugs and guns; and (2) finding that govt. had failed to prove said planting of drugs and firearm under reasonable doubt standard did not preclude instant finding under preponderance of evidence standard. Moreover, regardless of whether defendant qualified for career offender status treatment based on his current conviction for using house for drug-related purposes, Dist. Ct. indicated that it would have imposed same sentence without consideration of career offender enhancement. Also, defendant’s 240-month sentence was not substantively unreasonable, even though said sentence would be upward departure from 84-to-105-month sentencing range if career offender enhancement did not apply, given defendant’s extensive criminal history and given facts of instant case, which indicated that defendant had sold drugs in presence of girlfriend’s children and while defendant was next to school.