8th Circuit decides N.D. case Friday, January 31, 2025

The United States Court of Appeals for the 8th Circuit has decided a North Dakota case, U.S. v. Deshonte Dickson, U.S. Court of Appeals Case No: 23-3325. The court affirmed the conviction but remanded for resentencing. 

"Deshonte Antwon Dickson was charged with conspiracy to distribute heroin and methamphetamine. At his trial, witnesses testified that Dickson supplied methamphetamine and heroin from California to North Dakota. The jury convicted him of conspiring to distribute heroin and between 50 and 500 grams of methamphetamine. The Presentence Investigation Report (PSR) calculated a base offense level of 26, resulting in an advisory guidelines range of 63 to 78 months imprisonment. However, the district court varied upward and sentenced Dickson to 120 months, finding him to be an essential participant in the conspiracy.

The United States District Court for the District of North Dakota initially sentenced Dickson to 120 months imprisonment, but the Eighth Circuit Court of Appeals remanded for resentencing due to procedural errors. The district court had varied upward from the guidelines range without providing adequate notice. On remand, the district court gave notice of its intent to vary upward again and reimposed the 120-month sentence, citing Dickson's significant role in the conspiracy.

The United States Court of Appeals for the Eighth Circuit reviewed the case. The court found no procedural error in the district court's resentencing, as it had provided proper notice and based its decision on the trial evidence. The court also found the sentence substantively reasonable, noting that the district court had considered the statutory sentencing factors and the nature of Dickson's involvement in the conspiracy. The Eighth Circuit affirmed the district court's judgment, upholding the 120-month sentence." (Summary from: https://law.justia.com/cases/federal/appellate-courts/ca8/23-3325/23-3325-2025-01-31.html?utm_source=summary-newsletters&utm_medium=email&utm_campaign=2025-02-01-u-s-court-of-appeals-for-the-eighth-circuit-339e72373e&utm_content=text-case-title-2)

Read the full opinion here: https://ecf.ca8.uscourts.gov/opndir/25/01/233325P.pdf