United States v. Patino

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Defendant was convicted of three counts relating to a conspiracy to distribute human growth hormone (HGH) for unauthorized purposes and to smuggle HGH into the United States. The Eighth Circuit affirmed the district court's decision to admit evidence of a 1998 conviction at trial and defendant's 40 month sentence. The court held that the district court did not abuse its discretion by admitting the 1998 conviction because it was used to prove intent and knowledge and was well supported by evidence; by applying a sophisticated means enhancement under USSG 2T3.1(b)(1); and by imposing a sentence above the advisory guidelines range and sufficiently explaining why defendant's understated criminal history justified an upward departure to 40 months. View "United States v. Patino" on Justia Law