U.S. v. Evans

Dist. Ct. did not err in sentencing defendant to 144-month term of incarceration on drug distribution charge, where said sentence was based, in part, on two-level enhancement under section 2D1.1(b)(2) of USSG for maintaining premises for purpose of distributing controlled substance, as well as on denial of two-level reduction for acceptance of responsibility for pleading guilty to said charge. Enhancement was proper, even though defendant did not have actual possession of apartment where drugs were sold, since record showed that defendant controlled activities at apartment, packaged drugs at said apartment, told customers to purchase drugs there, and dealt drugs on at least 50 occasions at said apartment. Fact that apartment was family dwelling for others did not require different result since drug activities at said apartment need not constitute exclusive use of apartment to qualify for enhancement. Moreover, Dist. Ct. did not err in denying defendant’s request for downward adjustment, where Dist. Ct. had also found that defendant had obstructed justice by directing others to pressure customer to change his testimony regarding defendant’s assault on customer due to customer's inability to pay drug debt.