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United States v. Eloy Moreno-Torres, 02-1748 (2002)

Court: Court of Appeals for the Eighth Circuit Number: 02-1748 Visitors: 27
Filed: Aug. 06, 2002
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 02-1748 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the District * of Nebraska. Eloy Moreno-Torres, also known * as Martin, also known as Mario * [UNPUBLISHED] Perez-Torres, * * Appellant. * _ Submitted: July 31, 2002 Filed: August 6, 2002 _ Before McMILLIAN, FAGG, and BOWMAN, Circuit Judges. _ PER CURIAM. Eloy Moreno-Torres pleaded guilty to conspiring to distribute and possess wi
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                    United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                   ___________

                                   No. 02-1748
                                   ___________

United States of America,           *
                                    *
                   Appellee,        *
                                    * Appeal from the United States
      v.                            * District Court for the District
                                    * of Nebraska.
Eloy Moreno-Torres, also known      *
as Martin, also known as Mario      *      [UNPUBLISHED]
Perez-Torres,                       *
                                    *
                   Appellant.       *
                               ___________

                             Submitted: July 31, 2002

                                  Filed: August 6, 2002
                                   ___________

Before McMILLIAN, FAGG, and BOWMAN, Circuit Judges.
                            ___________

PER CURIAM.

       Eloy Moreno-Torres pleaded guilty to conspiring to distribute and possess with
intent to distribute 50 grams or more of methamphetamine, in violation of 21 U.S.C.
§ 846 (2000), as well as a forfeiture count. The district court* gave Moreno-Torres
a two-level obstruction-of-justice increase for attempting to bribe a witness and


      *
       The Honorable Richard G. Kopf, Chief Judge, United States District Court for
the District of Nebraska.
sentenced him to 97 months imprisonment and 5 years supervised release. On appeal,
Moreno-Torres contends the district court improperly applied the obstruction-of-
justice increase.

      We conclude the district court did not commit error. See United States v.
Simms, 
285 F.3d 1098
, 1100 (8th Cir. 2002) (standard of review). The undisputed
testimony at sentencing–that Moreno-Torres offered a witness money in exchange for
perjured testimony–was sufficient to warrant application of the increase. See
U.S.S.G. § 3C1.1 comment. (n.4) (2001); United States v. Pompey, 
121 F.3d 381
, 382
(8th Cir. 1997), cert. denied, 
522 U.S. 1133
(1998).

      We thus affirm the sentence imposed by the district court.

      A true copy.

            Attest:

                     CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.




                                       -2-

Source:  CourtListener

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