U.S. v. Rollerson

Dist. Ct. did not err in sentencing defendant to 276-month term of incarceration on drug and firearm charges, even though defendant argued that Dist. Ct. improperly included both uncharged and acquitted drug amounts in its sentencing guidelines calculation. While defendant asserted that govt. failed to present reliable information that he sold heroin and fentanyl to informant during four controlled drug buys for which he was not charged, record showed that said buys were used to obtain warrant to search defendant’s stash house, and police affidavit indicated that each of controlled buys from defendant resulted in seizure of heroin and fentanyl. Moreover, presentence report contained assertions from police concerning controlled-buy drug quantities that were sufficiently reliable to support preponderance of evidence finding by Dist. Ct., and defendant failed to present any conflicting evidence regarding controlled buys. Also, Dist. Ct. could properly find that uncharged and acquitted conduct was part of same course of conduct as charged offenses, where: (1) drug buys took place at same stash house as charged conduct and occurred regularly through weeks leading to search of stash house; (2) uncharged and acquitted conduct involved same drugs for which defendant was convicted; and (3) police found at stash house quantities of drugs at issue in uncharged and acquitted offenses, as well as drugs at issue in charged offenses.