U.S. v. Caraway

Dist. Ct. did not err in sentencing defendant to 360-month term of incarceration on drug distribution charge, even though said sentence was based, in part, on imposition of obstruction of justice enhancement based on claim that defendant evaded arrest for 42-month period while he was in Texas. While defendant argued that imposition of said enhancement was improper because government’s failure to locate him in Texas was not evidence that he was evading arrest, record showed that Dist. Ct. had indicated that she would have imposed same sentence regardless of applicability of said enhancement. Record showed that applicable guideline range was 292-365 months with enhancement and 235 to 293 without enhancement. Moreover, any remand following any finding that enhancement did not apply would be pointless, where Dist. Ct. gave detailed justification for instant sentence, that included defendant’s leadership role in extensive drug trafficking operation, value of drugs at issue in charged offense, as well as section 3553 factors, that included defendant’s culpability, his extensive criminal history, need to protect public, and seriousness of charged offense.