Dist. Ct. did not err in sentencing defendant to 55-month term of incarceration on drug distribution charge, even though Dist. Ct. imposed two-level enhancement based on finding that defendant had maintained premises for purposes of manufacturing or distributing controlled substance. While defendant argued that instant enhancement was improper because his apartment, where drugs were found, did not have drug dealing as primary purpose, Dist. Ct. could properly impose said enhancement, where: (1) informant made four purchases of drugs at defendant’s apartment and spotted additional charges and drug paraphernalia during each transaction; and (2) record showed that at time of his arrest, defendant lived primarily off proceeds from drug sales.
Federal 7th Circuit Court
Criminal Court
Sentencing