United States v. James Zantrese Austin, Also Known as Dirty, Also Known as Little James
Court of Appeals for the Eighth Circuit
1Opinion of the Court
BOWMAN, Circuit Judge.
James Austin pleaded guilty to drug charges pursuant to an agreement with the government. At his sentencing hearing, the District Court pronounced that it would apply a two-level enhancement for Austin’s leadership role in a criminal enterprise called the Oak Street Posse. See U.S.S.G. § 3B1.1. After the hearing, but before the District Court filed its formal judgment and sentence, the government filed a motion. Styled “Motion for Reconsideration of Sentence,” the document asked the Court to increase the § 3B1.1 enhancement from two to four levels. The District Court…
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