US v. Gaspar: Gaspar and a codefendant were charged with conspiracy to distribute methamphetamine after, among other things, a traffic stop (from which Gaspar fled) the led to the recovery of drugs, cash, and a firearm and the search of Gaspar’s home (from which he did not flee) that recovered more of the same. Gaspar pleaded guilty and faced an advisory Guideline range of 324 to 405 months in prison, although the probation officer recommended a downward variance to 210 months. Gaspar argued for a variance down to 120 months (the mandatory minimum) arguing that he was acting under duress during the conspiracy. The district court rejected Gaspar’s request (as well as the Government’s request for a 210-month sentence) and imposed a sentence of 188 months in prison.
On appeal, the Fourth Circuit affirmed Gaspar’s sentence. Gaspar argued that the district court did not sufficiently address his duress argument. The court disagreed, noting that it was addressed specifically during a bench conference and had been raised and argued about by the parties in pre-sentencing memoranda and at sentencing.
No comments:
Post a Comment