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Docampo: 270 month sentence on 18 year old is reasonable

By Tim Cone

In U.S. v. Docampo, No. 08-10698 (June 15, 2009), the Court (2-1, Barkett, J., dissenting in part) affirmed as "reasonable" a sentence of 210 months, plus a 60 month consecutive sentence, for cocaine trafficking and gun conviction convictions.The Court agreed with Docampo that the district court erred in admitting the hearsay statement of an accomplice?s girlfriend about a threatening phone call that Docampo made to the girlfriend. But the Court found the error harmless, in light of other evidence.The Court rejected a sentence manipulation claim based on Docampo?s age at the time of the government sting. The Court noted that Docampo was an adult when the sting occurred.The Court also rejected the challenge to the failure to give Docampo a minor role sentence adjustment, finding that the district court was justified in using his possession of a firearm as basis for denying minor role...continue to full post

Full post as published by Defense Newsletter Blog on June 16, 2009 (boomark / email).