Dist. Ct. did not err in sentencing defendant to 8-year term of incarceration on charges of possession with intent to deliver methamphetamine, even though defendant argued that Dist. Ct. had improperly found that he and third-party had jointly distributed between 500 grams and 1.5 kilograms of methamphetamine because, according to defendant, he personally sold only small portion of drugs in question. However, Dist. Ct. could properly base instant relevant conduct calculation on sales defendant directly made himself, as well as drug sales that third-party made in furtherance of their joint distribution scheme, especially where third-party testified that she and defendant coordinated certain drug purchases, shared customers and combined sale proceeds to purchase additional drugs. Moreover, counsel conceded that defendant and third-party distributed more than 500 grams of methamphetamine. Defendant also failed to overcome presumptive reasonableness of his below-Guidelines sentence.
Federal 7th Circuit Court
Criminal Court
Sentencing