United States Court of Appeals For the Eighth Circuit ___________________________ No. 20-1157 ___________________________ United States of America Plaintiff - Appellee v. Benjamin Robert Yackel Defendant - Appellant ____________ Appeal from United States District Court for the District of Minnesota ____________ Submitted: November 16, 2020 Filed: March 15, 2021 ____________ Before SHEPHERD, STRAS, and KOBES, Circuit Judges. ____________ SHEPHERD, Circuit Judge. Benjamin Robert Yackel pled guilty to one count of conspiracy to distribute methamphetamine and to one count of possession of a firearm in furtherance of a drug trafficking crime. The district court1 adopted the Presentence Investigation 1 The Honorable Wilhelmina M. Wright, United States District Judge for the District of Minnesota. Report’s (PSR) finding that Yackel was a career offender, and pursuant to the United States Sentencing Guidelines, sentenced him to 240 months imprisonment. On appeal, Yackel challenges his classification as a career offender. Having jurisdiction pursuant to 28 U.S.C. § 1291, we affirm the district court. I. A grand jury indicted Yackel on various drug distribution and firearms charges. Yackel pled guilty to conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), and 846; and to possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A). Yackel’s PSR concluded that his Guidelines base offense level was 37, due in part to his status as a career offender. Yackel received a three-level reduction in offense level for timely acceptance of responsibility, bringing his base offense level to 34. At sentencing, based on Yackel’s 1999 Minnesota conviction for aiding and abetting second-degree assault and his 2004 federal conviction for possession of methamphetamine with the intent to distribute, the district court concluded that Yackel qualified for a career offender enhancement in offense level pursuant to USSG § 4B1.1-.2 and adopted the PSR’s factual findings in full. Yackel objected to the PSR’s finding that he qualified as a career offender, asserting that the Minnesota aiding and abetting statute is broader than the generic definition. The district court recognized Yackel’s objection before overruling it, stating, “[A]s I am bound by the Eighth Circuit precedent and under [United States v. Gammell, 932 F.3d 1175 (8th Cir. 2019)], I find that Mr. Yackel’s argument is unpersuasive and I overrule that objection.” R. Doc. 220, at 6. The district court adopted all of the factual statements contained in the PSR before calculating Yackel’s total offense level as 34, his criminal history category as VI, and his advisory Guidelines range as 322 to 387 months imprisonment. Yackel requested a downward departure on the basis that his criminal history was -2- overstated. The district court granted the motion, stating that Yackel’s criminal history score was “substantially over-represented,” R. Doc. 220, at 15, and departed downward by one level to 33. The district court recalculated Yackel’s advisory range as 295 to 353 months imprisonment. Yackel then requested a downward variance. Ultimately, the district court sentenced Yackel to 240 months imprisonment (180 months for conspiracy to distribute methamphetamine and 60 …
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