June 06th, 2018

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US Court of Appeals for the Fifth Circuit Opinions
United States v. Heard

Docket: 17-10597
Opinion Date: June 5, 2018
Judge: Jerry Edwin Smith
Areas of Law: Criminal Law

The Fifth Circuit affirmed defendant's sentence after he pleaded guilty to conspiring to possess with intent to distribute fifty grams or more of methamphetamine. The court held that the district court did not clearly err in treating defendant's possession offense as a prior conviction rather than as relevant conduct. In this case, the marijuana was not linked to the conspiracy to distribute and thus it was not clear error to consider the offense as a prior conviction.

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