United States v. Curtis E. DeWitt , 117 F. App'x 486 ( 2004 )


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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    Curtis E. DeWitt,                       *      [UNPUBLISHED]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-
    

Document Info

Docket Number: 04-1015

Citation Numbers: 117 F. App'x 486

Judges: Murphy, Fagg, Smith

Filed Date: 11/30/2004

Precedential Status: Non-Precedential

Modified Date: 11/5/2024