895 F.2d 435 (8th Cir. 1990), 89-1134, United States v. Williams

Docket Nº:89-1134.
Citation:895 F.2d 435
Party Name:UNITED STATES of America, Appellee, v. Amanda Dishner WILLIAMS, Appellant.
Case Date:January 22, 1990
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
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Page 435

895 F.2d 435 (8th Cir. 1990)

UNITED STATES of America, Appellee,

v.

Amanda Dishner WILLIAMS, Appellant.

No. 89-1134.

United States Court of Appeals, Eighth Circuit

January 22, 1990

Submitted Nov. 14, 1989.

Page 436

Susan Felicia Spence, Springfield, Mo., for appellant.

Richard Monroe, Springfield, Mo., for appellee.

Before BOWMAN and BEAM, Circuit Judges, and HENLEY, Senior Circuit Judge.

BOWMAN, Circuit Judge.

Amanda Dishner Williams appeals from a three-year prison sentence imposed upon her by the District Court 1 after she pleaded guilty to using a communication facility in the commission of a drug offense, a violation of 21 U.S.C. Sec. 843(b) (1982). The maximum statutory penalty for this offense is forty-eight months. Williams complains that the three-year sentence exceeds the sentencing range of the applicable sentencing guideline. We have jurisdiction in this Sentencing Guidelines appeal under 18 U.S.C. Sec. 3742(a)(3)(A) (Supp. V 1987).

After an evidentiary hearing, the District Court found that an upward departure from the Guidelines was justified by Williams's significant involvement in the underlying drug offense, which was the manufacture and distribution of amphetamine, and by the substantial quantity of amphetamine she and her codefendants manufactured and sold. Williams claims this upward departure was not warranted. We affirm.

The base offense level under the Sentencing Guidelines for Williams's conviction is twelve. United States Sentencing Commission, Guidelines Manual, Sec. 2D1.6(a) (Nov.1989). After a one-point upward adjustment for criminal livelihood, in order to meet the minimum required by U.S.S.G. Sec. 4B1.3, and a two-point reduction for acceptance of responsibility, U.S.S.G. Sec. 3E1.1(a), the District Court determined that Williams's total offense level is eleven.

Page 437

Since Williams has no prior criminal convictions, the sentencing table recommends eight to fourteen months of imprisonment. U.S.S.G. Ch. 5, Pt. A. The sole issue in this appeal is whether the trial judge's upward departure from the recommended Guidelines sentence because of Williams's extensive involvement in two separate amphetamine-producing drug labs and her participation in the distribution of the drugs was proper.

In the District Court's written Report of Statement of Reasons for Imposing Sentence, the court found that, in...

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