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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. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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