213130P.pdf   08/12/2022  United States  v.  Jeff Harris
   U.S. Court of Appeals Case No:  21-3130
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Loken, Author, with Kelly and Kobes, Circuit Judges] 
   Criminal case - Sentencing. The district court did not err by granting the 
   government's motion for an upward departure pursuant to Guidelines 
   Sections 5K2.1 and 5K2.0 where defendant distributed fentanyl resulting in 
   death; the sentencing record was sufficient for the court to find the 
   investigating officer's testimony, to the extent it included hearsay, bore 
   sufficient indicia of reliability to support its use in sentencing 
   defendant, and the court did not clearly err in finding the government 
   proved by a preponderance of the evidence that a death resulted from 
   defendant's conduct; the sentence is consistent with upward departures 
   this court has approved under Sec. 5K2.1 for drug distribution resulting 
   in an overdose.