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US v. Curb, 09-2510

By FindLaw Staff on November 16, 2010 | Last updated on March 21, 2019

Defendant's 270-month sentence for drug related convictions affirmed

US v. Curb, 09-2510, concerned a challenge to the district court's imposition of a 270-month sentence in concluding that defendant was a supervisor in a criminal activity subject to the managerial enhancement and that he had willfully obstructed justice, in a prosecution of defendant for conspiracy to possess and distribute heroin, cocaine, and crack cocaine.

In affirming, the court held that the defendant's own plea agreement and testimony, and the testimony and plea agreements of co-defendants, all support a finding that defendant occupied a managerial position in the drug conspiracy.  The court also held that defendant's sentence is procedurally and substantively reasonable as the district court judge's comments at his sentencing hearing clearly demonstrate that the judge considered defendant's arguments regarding the section 3553(a) factors and adequately explained his determination of the sentence.  Lastly, defendant's choice not to attend his sentencing hearing and to evade the justice system for two-and-a-half months before being caught is clearly obstructive conduct deserving of an enhancement.

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