United States v. David Bollinger

COLLOTON, Circuit Judge.

David Bollinger distributed heroin to his friend Mitchell Stenger, and Stenger died from acute heroin intoxication. After Bollinger pleaded guilty to one count of distributing heroin, the district court 1 departed upward under the advisory guidelines and sentenced him to 130 months' imprisonment. Bollinger argues on appeal that the district court abused its discretion by imposing such a long prison term. We conclude that the sentence was within the range of discretion available to the sentencing court, and we therefore affirm.

I

In the early morning hours of December 4,…