U.S. v. Austin

Dist. Ct. did not err in sentencing defendant to 35-year term of incarceration on drug conspiracy charges, even though defendant challenged findings by Dist. Ct. that he had played leading role in said conspiracy, and that he was responsible for sales of over 10 kilograms of heroin. Dist. Ct. could properly credit testimony of one co-conspirator when making instant drug calculation, since co-conspirator’s testimony was mathematically possible in spite of defendant’s contrary claims. Fact that jury found defendant guilty of conspiracy to distribute no more than 100 grams of heroin did not preclude Dist. Ct. from finding that defendant was responsible for greater quantity of heroin sales. Also, Dist. Ct. could find that plaintiff was leader in charged conspiracy, where numerous co-conspirators identified defendant in plea agreements as individual maintaining control of drug organization, and where defendant received greater share of drug profits.