U.S. v. Sleet, No. 89-1686

CourtUnited States Courts of Appeals. United States Court of Appeals (8th Circuit)
Writing for the CourtBefore BOWMAN and BEAM, Circuit Judges, and ROSS; ROSS
Citation893 F.2d 947
PartiesUNITED STATES of America, Appellee, v. Bruce Alfred SLEET, Appellant.
Docket NumberNo. 89-1686
Decision Date22 February 1990

Page 947

893 F.2d 947
UNITED STATES of America, Appellee,
v.
Bruce Alfred SLEET, Appellant.
No. 89-1686.
United States Court of Appeals,
Eighth Circuit.
Submitted Nov. 17, 1989.
Decided Jan. 9, 1990.
Rehearing and Rehearing En Banc Denied Feb. 22, 1990.

Page 948

Scott E. Walter, Clayton, Mo., for appellant.

Richard Poehling, Asst. U.S. Atty., St. Louis, Mo., for appellee.

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

ROSS, Senior Circuit Judge.

Appellant Bruce Alfred Sleet was convicted by a jury of distributing cocaine in violation of 21 U.S.C. Sec. 841(a)(1) and was sentenced to 51 months imprisonment. On appeal, he argues that the district court improperly sentenced him under the Sentencing Guidelines and inaccurately instructed the jury on the law of entrapment. We have carefully reviewed the record and the arguments of the parties and affirm Sleet's conviction.

In August 1988, Valencia Wesley contacted DEA Special Agent Alan Wilson and informed him that Sleet was looking for prospective purchasers of cocaine. Wesley then arranged an October 13, 1988 meeting where Agent Wilson, acting in an undercover capacity, purchased 26.87 grams of 95% pure cocaine from Sleet for $1,350. The investigation was continued and on October 19, 1988 Valencia Wesley arranged a second meeting where Agent Wilson was to purchase five grams of cocaine from Sleet. At the meeting, Wesley went to Sleet's van and obtained one ounce of cocaine from Sleet which she then gave to Agent Wilson who was waiting nearby in his car. After field testing the cocaine and receiving a positive result, Agent Wilson signalled to other DEA agents to effect Sleet's arrest.

Following the arrest, additional amounts of cocaine were seized from Sleet's person and van. Sleet was told that he could consent to a search of his residence or a federal search warrant would be obtained. Sleet consented to the search which resulted in the seizure of over 8.5 ounces of cocaine from Sleet's residence. Sleet was indicted under 21 U.S.C. Sec. 841(a)(1), and charged only with the 26.87 grams of cocaine involved in the October 13, 1988 transaction.

On appeal Sleet argues that the district court improperly considered uncharged conduct in determining his sentence. He objects to the offense level assigned under the Sentencing Guidelines because it included 369.53 grams of cocaine seized at the time of Sleet's arrest on October 19 while no additional charges were brought concerning this cocaine. Based on a total of 396.4 grams of cocaine, the...

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29 practice notes
  • U.S. v. Galloway, No. 90-3034
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • September 17, 1992
    ...(uncharged conduct quadrupled sentencing range), rev'd in part, 872 F.2d 827 (8th Cir.1989); see also United States v. Sleet, 893 F.2d 947, 948 (8th Cir.1990) (uncharged conduct increased sentence); United States v. Cohoon, 886 F.2d 1036, 1037 (8th Cir.1989) (per curiam) (uncharged conduct ......
  • U.S. v. Restrepo, No. 88-3207
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • October 4, 1991
    ...that have adopted the preponderance of evidence standard of proof for fact-finding under the Guidelines. See United States v. Sleet, 893 F.2d 947, 949 (8th Cir.1990). But see United States v. Townley, 929 F.2d 365 (8th Cir.1991) (questioning whether the preponderance standard satisfies due ......
  • U.S. v. Galloway, No. 90-3034
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • September 9, 1991
    ...conduct resulted in tripling of sentence); Miller, 910 F.2d at 1329 (Merritt, C.J., dissenting) (same); see also United States v. Sleet, 893 F.2d 947, 948 (8th Cir.1990) (uncharged conduct essentially tripled sentence); United States v. Cohoon, 886 F.2d 1036, 1037 (8th Cir.1989) (uncharged ......
  • Kinder v. United States, No. 91-6658
    • United States
    • United States Supreme Court
    • May 26, 1992
    ...the preponderance standard ordinarily pertains. See United States v. McDowell, 888 F.2d 285, 290-291 (CA3 1989); United States v. Sleet, 893 F.2d 947, 949 (CA8 1990); United States v. Wilson, 900 F.2d 1350, 1353-1354 (CA9 1990). Page 949 In a marginal case, such a difference in the standard......
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29 cases
  • U.S. v. Galloway, No. 90-3034
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • September 17, 1992
    ...(uncharged conduct quadrupled sentencing range), rev'd in part, 872 F.2d 827 (8th Cir.1989); see also United States v. Sleet, 893 F.2d 947, 948 (8th Cir.1990) (uncharged conduct increased sentence); United States v. Cohoon, 886 F.2d 1036, 1037 (8th Cir.1989) (per curiam) (uncharged conduct ......
  • U.S. v. Restrepo, No. 88-3207
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • October 4, 1991
    ...that have adopted the preponderance of evidence standard of proof for fact-finding under the Guidelines. See United States v. Sleet, 893 F.2d 947, 949 (8th Cir.1990). But see United States v. Townley, 929 F.2d 365 (8th Cir.1991) (questioning whether the preponderance standard satisfies due ......
  • U.S. v. Galloway, No. 90-3034
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • September 9, 1991
    ...conduct resulted in tripling of sentence); Miller, 910 F.2d at 1329 (Merritt, C.J., dissenting) (same); see also United States v. Sleet, 893 F.2d 947, 948 (8th Cir.1990) (uncharged conduct essentially tripled sentence); United States v. Cohoon, 886 F.2d 1036, 1037 (8th Cir.1989) (uncharged ......
  • Kinder v. United States, No. 91-6658
    • United States
    • United States Supreme Court
    • May 26, 1992
    ...the preponderance standard ordinarily pertains. See United States v. McDowell, 888 F.2d 285, 290-291 (CA3 1989); United States v. Sleet, 893 F.2d 947, 949 (CA8 1990); United States v. Wilson, 900 F.2d 1350, 1353-1354 (CA9 1990). Page 949 In a marginal case, such a difference in the standard......
  • Request a trial to view additional results

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