Dist. Ct. did not commit reversible error in sentencing defendant to 240-month term of incarceration on drug conspiracy charge, after Dist. Ct. imposed obstruction of justice and drug-premises enhancements under section 3C1.1 and 2D1.1(b)(12) of USSG. While defendant argued that Dist. Ct. had committed procedural error in failing to make separate and distinct findings regarding said enhancements, any error in calculating defendant’s total offense level with or without instant enhancements was harmless, where Dist. Ct. made it clear that it would have imposed same sentence regardless of its Guidelines calculations. Fact that Dist. Ct. stated during sentencing hearing that it intended to impose below-Guidelines sentence did not require different result, since Dist. Ct. did not tether defendant’s sentence to upward or downward variance from any particular Guidelines range.
Federal 7th Circuit Court
Criminal Court
Sentencing