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164334P.pdf 11/16/2017 United States v. Candice Davis
U.S. Court of Appeals Case No: 16-4334
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Benton, Author, with Colloton and Kelly, Circuit Judges]
Criminal Case - sentencing. Defendant's objection to references in
presentence investigation report identifying fifty individuals she
recruited is not material to an enhancement under Guidelines sec. 3B1.1(b)
because the enhancement required only involvement of five or more
participants; defendant stipulated to involvement of 15 participants and
stipulated to enhancement under sec. 2B1.1(b)(10)(C). Thus, any error in
overruling defendant's objection was harmless. District court did not err
in finding defendant was involved in the scheme before 2015, as agent had
materials and reports since 2013. As for enhancement under sec. 3B1.1(b)
(manager or supervisor), evidence showed defendant exercised control over
at least one participant and thus did not err in applying three-level
enhancement. Denial of two-level reduction for acceptance of
responsibility was not error in light of defendant's multiple objections
to the PSR.