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United States v. Campbell

United States Court of Appeals, Eighth Circuit

August 22, 2014

United States of America, Plaintiff - Appellee
v.
Steven C. Campbell, Defendant - Appellant; United States of America, Plaintiff - Appellee
v.
John Thomas Bailey, Defendant - Appellant

Submitted September 27, 2013.

Page 875

Appeal from United States District Court for the Eastern District of Missouri - St. Louis.

For United States of America, Plaintiff - Appellee (13-1023), (13-1069): Jennifer Winfield, Assistant U.S. Attorney, U.S. Attorney's Office, Saint Louis, MO.

Steven C. Campbell, Defendant - Appellant (13-1023), Pro se, Forrest City, AR.

For Steven C. Campbell, Defendant - Appellant (13-1023): Michael Gross, Saint Louis, MO; Tom Yarbrough, The Yarbrough Law Firm, Saint Louis, MO.

John Thomas Bailey, Defendant - Appellant (13-1069), Pro se, Pekin, IL.

For John Thomas Bailey, Defendant - Appellant (13-1069): Kim C. Freter, Clayton, MO.

Before WOLLMAN, SMITH, and KELLY, Circuit Judges.

OPINION

Page 876

SMITH, Circuit Judge.

Steven C. Campbell and John Thomas Bailey each pleaded guilty to conspiracy to possess with the intent to distribute anabolic steroids and conspiracy to commit money laundering. On appeal, both defendants challenge the district court's[1] application of U.S.S.G. § 2S1.1(a)(2) when calculating their offense level. Bailey also contends that the district court miscalculated his criminal history score. We affirm.

I. Background

Following an extensive investigation, the government indicted Campbell and Bailey with one count of conspiracy to possess anabolic steroids with intent to distribute, in violation of 21 U.S.C. § § 841(a)(1), 841(b) and 846 (" Count 1" ), and one count of conspiracy to commit money laundering, in violation of 18 U.S.C. § 1956(h) (" Count 2" ). They each pleaded guilty to both charges.

The parties stipulated several facts pertaining to these conspiracies in their plea agreements. The parties agreed that the amount of anabolic steroids attributable to the defendants could not be calculated precisely, but it was somewhere between 1 and 2.5 kilograms. The parties also agreed that the amount of money involved in the conspiracy was no less than $400,455. ...


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