ILNews

Defendant entitled to resentencing under Fair Sentencing Act

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The 7th Circuit Court of Appeals upheld a northern Indiana man’s convictions of distributing crack cocaine and conspiracy to distribute the drug, but found that he is entitled to resentencing under the Fair Sentencing Act of 2010.

Landen Cowart, a former convict working as a confidential informant with the government, arranged to buy cocaine from Ronald Love, aka “Black.” On Sept. 9, 2009, he exchanged $550 in cash with Shelby Deloney, who asked Cowart if he was “with Black.” Ronald Love was in the car that Deloney arrived at the scene in.

Love suspected Cowart was behind the robbery of one of his crack houses, so at another arranged drug buy on Sept. 14, 2009, Love, Deloney and Robert Acklin began beating Cowart. Police heard the commotion over Cowart’s hidden wire and entered the house where the deal went down. Love was indicted in October but sentenced after August 2010.

Love argues that the evidence didn’t support his conspiracy conviction, the trial court improperly declined to give a “buyer-seller” jury instruction, the statement “with Black” was improperly admitted, and his sentence was improperly calculated.

The 7th Circuit found the government’s evidence was detailed enough to show there was an agreement for Love to distribute crack and that he was not entitled to the “buyer-seller” instruction because it contradicts his defense that he wasn’t involved in the Sept. 9 drug sale and that the Sept. 14 beating had nothing to do with drugs.

The judges upheld the admittance of Cowart’s testimony that Deloney asked if he was “with Black.”

But Love is entitled to resentencing because he did not benefit from the Fair Sentencing Act of 2010, which applies to people who committed crimes before Aug. 3, 2010, and were sentenced after that date. The District Court also incorrectly calculated the guidelines sentence for his drug conviction, but properly imposed a two-level sentencing enhancement for being an organizer, leader, manager or supervisor of the conspiracy.

The case, United States of America v. Ronald Love, 11-2547, goes back to the District Court for further proceedings.

 

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  1. How do you go about each day with out having resentment or ill will towards the evil that has done this to you? Is it your faith that keeps you going and knowing that someday they will have to answer to God? At church our pastor talked about forgiveness and how Jesus forgave our sins and we should too. Its very hard knowing that we do the right thing in this world, and those that are liars, thieves, are continued in power and continue on doing their jobs, while you are banished from something that you have every right to do with out being penalized.

  2. From my post below .... I cut and pasted in error: http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468

  3. Your prayers must account for some of the wind beneath my wings. That and this: His yoke is easy, His burden light. OK, now to bring this comment thread 100% back to the topic at hand. From my secret files, never before published, a letter that Commission head Myra Selby deemed interesting, but ..... This Hail Mary was ignored by the Commission, and then cited by the Indiana bar examiners to justify the need for a lifetime banishment from the Indiana Supreme Court. I tender it as a study in anti white male anti Christian antipathy in the Indiana court system. Focused upon the Race (ie not white) and Gender (ie not male) and not religious Commission for "fairness." Uncle Karl, eat your heart out: https://www.scribd.com/document/340472424/Race-gender-request-24128-1 ... https://drive.google.com/file/d/0BznfHUztK5eTUGlxbmRvMWJsaHhLcGFuaE5KNHZWVjk3eHRn/view?usp=sharing

  4. What a disgrace of Judicial Proceedings. Can complain and write comments forever but someone needs to show the mother how to fight back before he turns this little girl against her.

  5. The truth comes out Issac Law Firm for Men helped Montgomery to get custody.Should read the lies he told them.How much was paid to the judges?

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