ILNews

7th Circuit finds meth dealer was acting like a merchant, not a manager

Back to TopCommentsE-mailPrintBookmark and Share

Although an Indiana man determined how much and how often his buyers received methamphetamine as well as pressured them to sell, the 7th Circuit Court of Appeals concluded his sentence should not have been enhanced because his actions were not coercive.

Jeffrey Weaver pled guilty to conspiring with two buyers to possess and distribute methamphetamine. The U.S. District Court for the Southern District of Indiana found that the way Weaver fronted his drugs merited him receiving a 3-level manager/supervisor enhancement on his sentence. Weaver was then sentenced to 235 months imprisonment, the bottom of the range calculated by the court.

In USA v. Jeffrey Weaver, 12-3324, Weaver appealed, arguing there was no evidence that he managed or supervised his buyers. The Circuit Court agreed, vacating the sentence and remanding for resentencing.

The 7th Circuit found that the U.S.S.G. 3B1.1 enhancement requires an exercise of control and authority. A key indicator of control that is suggestive of managerial responsibility is the ability to coerce the underlings.

Describing Weaver as providing insufficient ongoing supervision and coercive authority, the court said he simply fronted methamphetamine to his buyers. In fact, the court found Weaver was like any other business that extends credit to customers. He encouraged behavior that would protect his investment and insure payment of the debt owed to him.

The Circuit Court noted Weaver did not tell his buyers what price they had to charge, impose territorial limits on their sales or set distribution quotas. Moreover, if the buyers did not sell the drugs, they remained indebted to Weaver at $1,700 per ounce.

Weaver pushed his wares aggressively and demanded prompt payment, the court said, but his interest in a quick turnaround does not make his buyers his underlings.

“Weaver simply ‘instructed them to promptly sell’ the methamphetamine ‘so he could distribute more to them,’” Judge Joel Flaum wrote for the court. “Trying to sell more while getting paid is what merchants – not necessarily managers and supervisors – do.”


 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

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