U.S. v. Burnett

Dist. Ct. did not err in sentencing defendant to 135-month term of incarceration on charges of buying and selling heroin, where said sentence was based, in part, on Dist. Ct.’s finding that defendant was responsible for 100 grams of heroin. While instant charges involved approximately 33 grams of heroin, defendant testified that he ran heroin business that involved purchasing and processing for resale quantities of heroin from same individuals at issue in charged offense, and record showed that 100 grams of heroin that defendant admitted to purchasing for resale qualified as relevant conduct for sentencing purposes where said heroin purchase involved same supplier, same drug, same purchasers and same continuous period of time as conduct alleged in charged offenses. Record also supported Dist. Ct.’s imposition of two-level enhancement, after finding that defendant acted as leader or organizer in charged offenses based on videotape showing defendant directing others to mix and package heroin for resale.