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United States v. Curtis E. DeWitt, 04-1015 (2004)

Court: Court of Appeals for the Eighth Circuit Number: 04-1015 Visitors: 55
Filed: Nov. 30, 2004
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 04-1015 _ United States of America, * * Appellee, * Appeal from the United States * District Court for the District v. * of Nebraska. * Curtis E. DeWitt, * [UNPUBLISHED] * Appellant. * _ Submitted: November 24, 2004 Filed: November 30, 2004 _ Before MURPHY, FAGG, and SMITH, Circuit Judges. _ PER CURIAM. Curtis E. DeWitt appeals the sentence the district court* imposed after DeWitt pleaded guilty to conspiring to manufacture methamphetam
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                    United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                   ___________

                                   No. 04-1015
                                   ___________

United States of America,               *
                                        *
             Appellee,                  * Appeal from the United States
                                        * District Court for the District
      v.                                * of Nebraska.
                                        *
Curtis E. DeWitt,                       *      [UNPUBLISHED]
                                        *
             Appellant.                 *
                                   ___________

                             Submitted: November 24, 2004
                                 Filed: November 30, 2004
                                 ___________

Before MURPHY, FAGG, and SMITH, Circuit Judges.
                           ___________

PER CURIAM.

       Curtis E. DeWitt appeals the sentence the district court* imposed after DeWitt
pleaded guilty to conspiring to manufacture methamphetamine, in violation of 21
U.S.C. §§ 841(a)(1), (b)(1), and 846. DeWitt argues the district court committed
error in imposing a 2-level U.S.S.G. § 3B1.1(c) role enhancement. We conclude the
district court did not plainly fall into error in imposing the role enhancement. See
United States v. Montanye, 
996 F.2d 190
, 192 (8th Cir. 1993) (en banc) (plain-error
standard of review when issues are not raised in district court). According to

      *
       The Honorable Joseph F. Bataillon, United States District Judge for the
District of Nebraska.
unobjected-to information in the presentence report (PSR), DeWitt had a recipe for
making methamphetamine, and he had directed his co-conspirators and others to
purchase pseudoephedrine for him in exchange for methamphetamine. See United
States v. Yerkes, 
345 F.3d 558
, 563 (8th Cir. 2003) (§ 3B1.1(c) role enhancement was
proper where defendant, among other things, requested his accomplices obtain
methamphetamine precursors for him); United States v. Beatty, 
9 F.3d 686
, 690 (8th
Cir. 1993) (district court may accept as true all unobjected-to factual statements in
PSR).

      Accordingly, we affirm.
                     ______________________________




                                         -2-

Source:  CourtListener

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