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United States v. Montgomery

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Submitted: March 12, 2008

Before WOLLMAN, HANSEN, and MELLOY, Circuit Judges.

Meagan Elizabeth Montgomery, Holly Danielle Longoria, and thirty-seven other individuals were indicted for their participation in a methamphetamine-trafficking organization. Montgomery pled guilty to conspiracy to distribute more than 50 grams of methamphetamine. See 21 U.S.C. §§ 841(a)(1) and 846. The statutory mandatory minimum sentence was 5 years. However, Montgomery qualified for safety valve relief, and thus the statutory minimum did not apply. See 18 U.S.C. § 3553(f); U.S.S.G. § 5C1.2. The district court*fn1 used the calculations in the presentence investigation report, which included a two-level reduction for safety valve relief and a two-level reduction for acceptance of responsibility. The district court granted Montgomery an additional one-level reduction for acceptance of responsibility. The district court found Montgomery’s Total Offense Level to be 21 with a Criminal History Category I, resulting in an advisory Guidelines range of 37 to 41 months of imprisonment. The district court then granted the government’s motion for a substantial assistance departure under U.S.S.G. § 5K1.1 and sentenced Montgomery to 18 months of imprisonment, a fifty percent reduction from the bottom of her Guidelines range. Montgomery appeals, arguing that the district court erred by failing to follow mandatory procedures when calculating her sentence, that the district court erred by denying her requests for three downward departures, and that her sentence is unreasonable.

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