DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
083881P.pdf 10/19/2009 United States v. Joseph Martin, Jr.
U.S. Court of Appeals Case No: 08-3881
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Wollman, Author, with Loken, Chief Judge, and
Shepherd, Circuit Judge]
Criminal case - Sentencing. While defendant's offense involved
powder cocaine, the transactions were not complete until he cooked the
powder and delivered crack to the buyer, and the district court did not err
in denying his request to be sentenced under the cocaine powder
guidelines; district court did not plainly err in denying defendant's
request for a downward departure based on the disparity between the
crack and cocaine guidelines; sentencing entrapment argument rejected;
plea agreement allowed the government to refrain from recommending an
acceptance of responsibility reduction if new information came to light,
and defendant's post-plea criminal conduct released the government of its
responsibility to request the reduction; government did not breach the
plea agreement by supporting the PSR's recommendation of an
enhancement for obstruction of justice.