U.S. v. Alvarado-Tizoc

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 10-1613 et al. Cons.
Decision Date: 
September 7, 2011
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed and vacated in part and remanded
Dist. Ct. erred in sentencing defendants to 200-month and 170-month terms of incarceration on charge of conspiracy to distribute more than 400 grams of substance containing fentanyl, where said sentences were based on drug quantity calculations in which Dist Ct. improperly multiplied enhanced number of retail doses of fentanyl substance by 2.5 to 1 ratio mentioned in applicable guidelines. Thus, Dist. Ct. should have calculated defendants’ guideline ranges on basis of defendants’ actual sales, and then adjust sentences to reflect considerations not taken into account by 2.5 to 1 ratio, such as many more retail doses that quantity of fentanyl produces than same quantity of heroin.