Dist. Ct. in three separate proceedings in which defendant was charged with drug trafficking offenses did not err in imposing two-level enhancement under section 2D1.1(b)(12) of USSG, after finding that defendant had maintained his home for purpose of manufacturing or distributing controlled substances. Dist. Ct., in ultimately sentencing defendant to concurrent 87-month terms of incarceration, could properly find that instant seven, significant drug transactions in defendant’s home within two-month period were sufficient to constitute primary or principal use of premises for purposes of imposing instant enhancement. Moreover, Ct. rejected defendant’s argument that Dist. Ct. was required to apply simple balancing test that compared frequency of unlawful activity at residence with frequency of lawful use.
Federal 7th Circuit Court
Criminal Court
Sentencing