U.S. v. Major

Dist. Ct. did not err in sentencing defendant to 20-year term of incarceration on drug conspiracy and two other drug related charges, even though defendant argued that Dist. Ct. made certain erroneous factual findings that caused Dist. Ct. to calculate incorrect guideline range and to improperly designate him as “career offender” that overstated his past criminal conduct. Record supported Dist. Ct.’s finding that: (1) defendant sold drugs that caused death of third-party; (2) defendant had obstructed justice by attempting to influence witness’s testimony by attempting to alter her testimony; (3) defendant did not accept responsibility for his conduct, and thus was not entitled to reduction in his offense level based on his guilty plea, where defendant contested in his allocution presentence report’s conclusions that he sold drugs that led to third-party’s death; and (4) defendant qualified for “career offender” treatment, even though one of his predicate convictions was over 25 years old, where defendant met technical requirements for career offender treatment, and where circumstances of charged offenses and defendant’s decision to deal in particularly dangerous drugs that led to third-party’s death supported imposition of instant sentence