United States v. Martinez

The Fifth Circuit affirmed defendant's conviction and sentence for conspiracy to possess with intent to distribute 500 grams or more of methamphetamine and the substantive crime. The court held that the district court did not abuse its discretion by denying the motion to reopen because defendant failed to provide the district court with a reasonable explanation for not exercising the opportunity to testify before closing his case. The court also held that any error in the district court's calculation of the amount of methamphetamine (actual) would not have been clear or obvious, particularly in light of the 2015 Sentencing Guidelines' example calculation. Furthermore, the district court did not clearly or obviously err by reading the percentage notations in the lab report as purity levels. Finally, even if the district court erred by giving an inadequate explanation, that error would not be reversible on plain error review. View "United States v. Martinez" on Justia Law