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District Court erred in drug sentence

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The 7th Circuit Court of Appeals vacated a man's sentence for conspiracy to distribute methamphetamine because the District Court failed to figure out the quantity of the drug reasonably attributable to the defendant.

In United States of America v. Jeffrey Dean, No. 08-3287, Jeffrey Dean appealed his conspiracy to distribute conviction and the 156-month prison sentence. He was convicted by a jury, which also found him responsible for no more than 500 grams of the drug.

The District Court used the base-level offense of 38 based on the level computed in the pre-sentence report, but adjusted it down two levels because Dean was a minor player in the conspiracy. The judge added two levels for obstruction of justice because Dean stated under oath he never sold methamphetamine when the evidence showed otherwise. The adjusted offense level of 38 was then reduced four levels to 34 because the judge split the difference between 38 and 30, which is the guideline range for 500 grams. She then reduced it to a level 33 because addiction was the driving force behind Dean's participation in the offense.

The District Court never took the first essential step of calculating the correct base offense level because it failed to ascertain the quantity of methamphetamine reasonably foreseeable to Dean. It originally set the level at 38 because it was a reliable estimate of the amount of drugs being dealt by everyone in the conspiracy, but it didn't determine how much could be attributed to Dean, wrote Judge Kenneth Ripple. The Circuit Court rejected the approach of the District Court judge to split the difference between offense levels as the equivalent of a judicial determination of the amount of drugs attributable to Dean.

"We therefore must vacate Mr. Dean's sentence and remand this case to the district court so that it may make a specific finding as to the quantity of methamphetamine reasonably foreseeable to Mr. Dean and, on the basis of that finding, impose the correct sentence," he wrote.

The 7th Circuit Court of Appeals affirmed the imposition of a two level increase after finding Dean committed obstruction of justice. It's clear from the transcript he willfully made misrepresentations under oath that were relevant to the prosecution with specific intent of obstructing justice, wrote Judge Ripple.

The federal appellate judges also affirmed Dean's conviction of conspiracy to distribute, finding the government introduced sufficient evidence from which a reasonable jury could find he intentionally joined the charged conspiracy.

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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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