Background
Marcus Deon Longus pleaded guilty to a drug-distribution conspiracy involving cocaine, crack cocaine, and a heroin-fentanyl mixture. He was sentenced to one hundred sixty-eight months of imprisonment followed by a three-year term of supervised release. Longus appealed, challenging the drug-quantity calculation, the application of a role-in-the-offense enhancement, and the failure to award an acceptance-of-responsibility reduction.
The court’s reasoning
The court reviewed the drug-quantity determination for clear error and found the record sufficient to support the finding of at least three point five kilograms of cocaine based on intercepted calls. Regarding the role enhancement, the court distinguished the case from United States v. Slade, finding sufficient evidence that Longus directed and supervised a cooperating codefendant. Finally, the court held that the district court did not clearly err in denying the acceptance-of-responsibility adjustment because Longus engaged in post-plea misconduct by conspiring to smuggle synthetic THC into the jail.
What it means going forward
The decision reinforces that post-plea misconduct, such as smuggling contraband into a detention facility, can disqualify a defendant from an acceptance-of-responsibility sentencing reduction even if they pleaded guilty to the underlying charges.
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