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United States v. Munz

United States Court of Appeals, Eighth Circuit

March 18, 2015

United States of America, Plaintiff - Appellee
v.
Michael Munz, Defendant - Appellant

Submitted December 8, 2014

Appeal from United States District Court for the Northern District of Iowa - Dubuque.

For United States of America, Plaintiff - Appellee: Justin A. Lightfoot, Assistant U.S. Attorney, U.S. Attorney's Office, Northern District of Iowa, Cedar Rapids, IA.

Michael Munz, Defendant - Appellant, Pro se, Oklahoma City, OK.

For Michael Munz, Defendant - Appellant: E. Daniel O'Brien, Cedar Rapids, IA.

Before LOKEN, BYE, and SMITH, Circuit Judges.

OPINION

PER CURIAM.

Michael Munz appeals his sentence of 46 months' imprisonment for conspiracy to manufacture methamphetamine. We affirm.

I. Background

Munz pleaded guilty to a conspiracy to manufacture methamphetamine in violation of 21 U.S.C. § § 841(a)(1), 841(b)(1)(C), and 846. The Sentencing Guidelines advisory range for his crime was 46 to 57 months' imprisonment.

At Munz's sentencing hearing, Munz requested a downward variance based in

Page 1200

part on a proposed amendment to the Drug Quantity Table in § 2D1.1 of the Guidelines, which, if applied to Munz, would result in a two-level reduction in Munz's total offense level.[1] Munz and his lawyer also emphasized to the district court,[2] among other things, that Munz had no criminal record, a generally good work history, and a difficult childhood. The court considered Munz's background, but it also noted that he had twice tested positive for marijuana use during his pretrial release, denied using marijuana despite the positive test results, and had a history of using both marijuana and methamphetamine. In light of these and the other sentencing factors set forth in 18 U.S.C. ยง 3553(a), the court declined to vary ...


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