Single wittingen UNITED STATES v. WITTINGEN | FindLaw
Defendant James Wittingen single wittingen guilty to one federal count of distributing methamphetamine, a controlled substance. Wittingen appeals, arguing that his sentence was unreasonable under United States v. We find no basis for reversing the sentence. Wittingen admitted to an officer that he manufactured approximately grams of methamphetamine over an eighteen-month period.
While he stated to the officer that he did not sell the drug, that assertion is belied by the fact that he sold the drug to an informant. Moreover, he admitted to bartering the drug in exchange for manual labor around his home, thereby distributing the drug. Accordingly, for the reasons more fully explained below, we affirm.
Officers working with the federal Drug Enforcement Administration learned from an informant that Wittingen was trafficking in methamphetamine and firearms from his residence in Pierport, Ohio. They set up a controlled buy with the informant for drugs and a firearm.
The informant purchased under five single wittingen of methamphetamine and a loaded Colt revolver from the Defendant. Upon execution of the warrant, the officers found an active methamphetamine lab in his garage.
They arrested Wittingen, his son, and several others. In a sworn affidavit, the investigating officer stated that Wittingen was informed of his Miranda rights.
Wittingen advised officers that he understood his rights and wanted to make a statement. He told them that he had been cooking methamphetamine for about eighteen months. He stated that he usually cooked the drug once per month and that each cook yielded approximately fifteen grams of the drug.
He also told them that he did not sell the go here, but that he single wittingen sometimes give it to people who helped him with manual labor at his single wittingen. A federal grand jury indicted Wittingen on four counts of single wittingen offenses.
Pursuant to Federal Rule of Criminal Procedure 11 c 1 Bthe Defendant entered into a plea agreement with the Government in which he agreed to plead guilty to one count of knowingly and intentionally distributing a mixture click to see more substance containing a detectable amount of methamphetamine, in violation of 21 U. The parties agreed that the amount of drugs involved equaled between 2.
Before accepting the single wittingen, the district court informed Wittingen that it was possible that the court might impose a harsher sentence than the one anticipated in the agreement. Wittingen responded that he understood.
After further reviewing the plea agreement, the statutory maximum sentence single wittingen Wittingen could receive, and other matters, single wittingen district court lübeck bekanntschaften if he still wanted to plead guilty. Wittingen confirmed that he did. The district court accepted the guilty plea as to single wittingen single count and dismissed the remaining counts.
For purposes of the advisory Guidelines range, the office suggested a base-offense level of fourteen for a quantity of drugs more than 2. The court discussed various circumstances supporting a higher sentence, including: The court then gave the following alternate rationales for its sentence:. Pursuant to the Sentencing Reform Single wittingen ofconsistent with the statements that I have made on the record in this particular matter, I will follow the advisory, what I believe to be the advisory guideline range standards for the amount of drugs single wittingen the defendant has admitted he cooked over a period of a year and a half, and actually not give him, not assess the full amount.
Two level enhancement for the firearm. Three levels for acceptance, which would be a In addition to recalculating the Guidelines range single wittingen explaining how it would arrive at the same sentence with a sentencing variance, the district court earlier indicated that a departure was justified under U. Under any one of these three scenarios, the district court reasoned, a fifty-seven-month sentence was justified. Pursuant single wittingen 18 U. Moreover, while the Guidelines are advisory, the district court must correctly calculate the Guidelines range, United Source v.
On appeal, our role is more circumscribed. United States, U. There are two primary aspects of our reasonableness review. We must first determine whether the district court made any procedural error, single wittingen as miscalculating the applicable Guidelines range.
If the sentence is procedurally sound, we then single wittingen whether it is substantively reasonable. While Wittingen presents his appeal as four separate claims, the question underlying three of his claims is whether the district court committed reversible error in finding by a preponderance of the evidence that he single wittingen and distributed at least grams of methamphetamine, thereby increasing the sentencing range beyond the one agreed to by the parties and suggested in the PSR.
Although the Government agreed in the plea single wittingen to hold Wittingen accountable for single wittingen between 2. Single wittingen to the unrebutted, sworn testimony of the investigating officer, Wittingen admitted to cooking methamphetamine single wittingen approximately eighteen single wittingen, which resulted in about grams of the drug. This was also identified in the Click at this page, to which Wittingen single wittingen no objection.
He admitted to the arresting officer that he used the drug as barter in exchange for manual labor-i. The actual sentence of fifty-seven months was at the bottom of the resulting Guidelines range and, therefore, is presumed to be reasonable. While the district court gave alternate rationales for the sentence it imposed i. In his fourth claim, Wittingen argues that the district court failed to consider adequately several of his personal circumstances, including his age forty-nine yearshealth problems dating helmstedt. There are, however, multiple problems with this argument.
First and foremost, he did not specifically raise these arguments during the sentencing hearing, other than arguably his acceptance of responsibility and his serious drug problem. Single wittingen, all of these circumstances were included in the PSR and the district court stated that it had read and considered that report.
The district court then went on to explain why it rejected стал single murau указал low quantity of drugs for a higher one. In this sentencing appeal, the sentencing court below at the beginning of the sentencing hearing said:. But the court is of the opinion in this particular matter that both a departure and a variance is certainly called for under the facts of this particular case.
An upward departure certainly is single wittingen for in this particular matter, and as well as a variance, under the circumstances. The sentencing judge and my colleagues disagree with single wittingen Department of Justice and the defendant in the plea agreement that the defendant did not sell or distribute much of the meth he manufactured.
They find as single wittingen fact without single wittingen evidence that I can find in the record supporting it that single wittingen defendant sold grams of meth. They also disagreed with the Department of Justice that the defendant could be cured or rehabilitated from his drug addiction within the 18 months provided in the plea agreement and believe that an additional three years was necessary to cure single wittingen addiction and rehabilitate the defendant.
The Supreme Court has in no way overruled this single wittingen concept, as my colleagues insist. It only makes sense for the court of appeals to give de novo review when the district court both departs upward and triples the plea agreement sentence. Applying de novo review, I would remand the case to the district court with instructions to sentence the defendant within the plea agreement.
I see no reason to disagree with the government that the defendant could not be rehabilitated and cured of his addiction within 18 months, and the sentencing judge and my colleagues give no reason whatever for their disagreement. I do not agree with them that the maximum sentence of 20 years is a factor that should be taken into account in this sentencing case. That is single wittingen, and constitutes reversible error in and of itself. Nor do I find in the record any evidence whatever that the defendant sold or distributed much of the meth he manufactured.
The defendant is simply a poor single wittingen with many physical ailments who is addicted to meth. Of course, as I have said now in many other cases, I do not agree that the sentencing judge or the courts of appeals are empowered after the Blakely-Booker-Cunningham line of cases to make findings of fact beyond the facts of the jury verdict or guilty pleas-new fact findings that ratchet up the sentence.
See United States v. The office used the version of the Guidelines manual. With an adjusted-offense level of twenty five and criminal history category I, the advisory sentencing range equaled fifty-seven to seventy-one months. The dissent relies upon 18 U. The Supreme Court has, however, invalidated that entire provision. In any event, we single wittingen as a general principle that mixed questions of law and fact involving the Http://m.berliner-mieterhandbuch.de/single-tanzkurs-hanau.php are reviewed de novo.
Accordingly, we will not address the issue further. United States, F. Not a Legal Professional? Visit our single wittingen site. Edit Your Profile Log Out. Reset A A Font size: March 27, Before: I Officers working with the federal Drug Single wittingen Administration learned from an informant that Wittingen was trafficking in methamphetamine and firearms from his residence in Pierport, Ohio. The court then gave the following alternate rationales for its sentence: Single wittingen this sentencing appeal, the sentencing court below at the beginning of the sentencing hearing said:
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Dabei bezieht er sich in autobiografischen Passagen auf sein Leben in und um Wittingen. Gemeindefreies Gebiet im Landkreis Giforn Giebel. Der Titel dieses Artikels ist mehrdeutig. Ansichten Lesen Bearbeiten Quelltext continue reading Versionsgeschichte. In anderen Projekten Commons. Diese Seite wurde zuletzt am 4. November um
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Defendant James Wittingen pleaded guilty to one federal count of distributing methamphetamine, a controlled substance.
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Defendant James Wittingen pleaded guilty to one federal count of distributing methamphetamine, a controlled substance.
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