United States v. Angeles-Moctezuma

When confronted with disputed fact issues, a district court may rely on relevant hearsay evidence and other evidence that is inadmissible under the rules of evidence so long as that evidence possesses sufficient indicia of reliability to support its probable accuracy. The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to conspiracy to distribute and possession with intent to distribute actual methamphetamine. The court held that the district court did not abuse its discretion as to the hearsay evidence defendant objected to; did not plainly err as to the unobjected-to testimony; and did not clearly err in regard to its findings of drug quantity, defendant's possession of a firearm, and his role in the offense.The court also held that the district court's denial of defendant's requested downward departure was unreviewable and the district court was within its discretion to rely primarily on the seriousness of the offense, defendant's extensive role in the conspiracy, and his criminal history. View "United States v. Angeles-Moctezuma" on Justia Law