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183227P.pdf   06/24/2019  United States  v.  Israel Angeles-Moctezuma
   U.S. Court of Appeals Case No:  18-3227
   U.S. District Court for the Eastern District of Missouri - St. Louis   
[PUBLISHED] [Erickson, Author, with Loken and Kelly, Circuit Judge] Criminal case - Sentencing. When confronted with disputed fact issues at sentencing, the district court may rely on relevant hearsay evidence and other evidence that is inadmissible under the rules of evidence so long as the evidence possesses sufficient indicia of reliability to support its probable accuracy; the objected-to hearsay in this case had such indicia, as it was corroborated by a host of other evidence, and the district court did not err in relying on it as part of the evidence used to calculate drug quantity; the district court's decision to deny a downward departure under Guidelines Sec. 5H1.6 was unreviewable in the absence of evidence that the court had an unconstitutional motive or thought it lacked authority to grant the departure; the district court did not abuse its discretion by denying defendant's motion for a downward variance.