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US v. Tate, No. 09-3052

By FindLaw Staff on January 19, 2011 5:39 PM

Sentence for Cocaine Distribution Affirmed

In US v. Tate, No. 09-3052, the court affirmed defendants' sentences for unlawful distribution of five grams or more of cocaine base where 1) defendant's criminal conduct, as revealed in his record, constituted a "case specific aggravating factor which justifies opposition to variance," and did not warrant the requested variance from the Guidelines; 2) the district court, in reviewing the 18 U.S.C. section 3553(a) factors, recognized that it had discretion to vary below the Guidelines range; and 3) the district court's conclusion that defendant's stipulation to the government's factual allegations in the plea proffer was neither candid nor complete was not clearly erroneous and its denial of safety-valve sentencing was properly accorded deference.

As the court wrote:  "Appellants Rashaad G. Tate and Richard E. Young challenge their sentences and seek remands for resentencing. Upon reviewing the requirements of Rule 51 of the Federal Rules of Criminal Procedure for preserving error and 18 U.S.C. § 3553(a) for sentencing defendants, and of 18 U.S.C. § 3553(f)(5) for eligibility for safety-valve sentencing, we affirm."

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