U.S. v. Lawler

Dist. Ct. erred in sentencing defendant to 98-month term of incarceration on drug distribution and conspiracy charges, where Dist. Ct. relied on section 2D1.1(a)(2) of USSG to base defendant’s offense level at 38, after finding by preponderance of evidence that defendant sold heroin to third-party, who subsequently died from using said heroin. Section 2D1.1(a)(2) will increase base offense level only if “the offense of conviction” establishes that death resulted to third-party, and Ct. agreed with defendant that section 2D1.1(a)(2) did not apply, since she was not convicted of causing third-party’s death. Moreover, section 2D1.1(a)(2) would not apply, where, as here, Dist. Ct. found in context of relevant conduct calculation fact that death resulted from sale of heroin by defendant, since term “offense of conviction” does not include concept of relevant conduct. As such, section 2D1.1(a)(2) applies only when resulting death was element of crime of conviction that was proved beyond reasonable doubt. On remand, Dist. Ct. is free to consider under section 3553(a)(1) whether death resulted as part of defendant’s conduct when considering his ultimate sentence.