Defendant was found guilty of being part of a conspiracy to possess with intent to distribute cocaine and heroin and was sentenced to 342 months in prison. On appeal, defendant argued that the court erred in its admission of evidence and that the district court procedurally erred and imposed a substantively unreasonable sentence. The Seventh Circuit affirmed defendant’s conviction, finding that the district court properly admitted evidence, including tax return evidence to show defendant did not have a legitimate source of income, and handled the complex case against the defendant properly but vacated defendant’s sentence and remanded with instructions for the district court to establish the factual basis for one of the sentencing enhancements that it imposed with regard to whether defendant engaged in a calculated evasion intended to frustrate or impede an ongoing criminal investigation. (ROVNER and ST. EVE, concurring)
Federal 7th Circuit Court
Criminal Court
Sentencing