Dist. Ct. did not abuse its discretion in sentencing defendant to within Guideline, 360-month term of incarceration on drug charges concerning defendant’s role in large-scale methamphetamine trafficking conspiracy. While defendant argued that said sentence was unreasonable, government presented evidence to show that defendant was responsible for more than 105 pounds of methamphetamine during course of conspiracy, and that certain batches of said drug had caused death of three purchasers. Moreover, Dist. Ct. is entitled to deference assessing demeanor and credibility of witnesses, especially where instant sentence was within guidelines for defendant’s charged offenses. Also, Dist. Ct. gave adequate explanation, when imposing defendant’s harsher sentence than what it gave to other members of instant conspiracy. Fact that only three out of ten witnesses testified that defendant had threatened them with violence did not preclude Dist. Ct. from imposing enhancement under section 2D1.1(b)(2) of USSG.
Federal 7th Circuit Court
Criminal Court
Sentencing