Dist. Ct. did not err in sentencing defendant to 264-month term of incarceration on drug conspiracy charge, where said sentence was based, in part, on finding that defendant played supervisory role in said conspiracy. Record showed that defendant transported 276-kilogram shipment of cocaine worth $7 million, and Dist. Ct. could properly infer that, due to size of shipment, defendant had to instruct at least one person to assist him in making said shipment so as to justify instant enhancement under section 3B1.1(b) of USSG. Also, Dist. Ct. could properly impose instant above-Guideline sentence that was 29 months beyond applicable guideline range, where Dist. Ct. held belief that defendant was not telling truth when asserting that instant 276-kilogram shipment was his only involvement in transporting drugs. (Dissent filed.)
Federal 7th Circuit Court
Criminal Court
Sentencing