July 17th, 2021

United States v. Hudgens

Docket: 19-50628
Opinion Date: July 16, 2021
Judge: Edith Brown Clement
Areas of Law: Criminal Law

The Fifth Circuit affirmed defendant's sentence imposed after he pleaded guilty to both counts of a two-count indictment for conspiracy to possess with intent to distribute heroin and methamphetamine. The court concluded that defendant's sentence was not substantively unreasonable and the district court did not abuse its discretion by imposing a 240-month sentence on each count, to run concurrently. In this case, the district court did not abuse its discretion in considering the 18 U.S.C. 3553(a) sentencing factors, including the fact that death resulted from defendant's offense; the upward variance fell within the statutory maximum; and the district court did not improperly consider that the drugs defendant provided the deceased caused her death.

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