ILNews

District Court erred in drug sentence

Back to TopE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

ADVERTISEMENT