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.
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.