Friday, August 03, 2007
Ind. Decisions - 7th Circuit decides one Indiana case
In USA v. Mallett (ND Ind., Judge Springmann), a 7-page opinion, Judge Bauer writes:
A jury convicted Jimmie Mallett of knowingly and intentionally maintaining a place for the purpose of manufacturing, distributing, or using crack cocaine, in violation of 21 U.S.C. § 856(a)(1), and possession with the intent to distribute crack cocaine, in violation of 21 U.S.C. § 841(a)(1). The district court sentenced him to 210 months’ imprisonment. On appeal, Mallett challenges the district court’s transfer of the case from the Hammond Division to the Fort Wayne Division, the district court’s ruling to admit evidence of prior conduct, and his sentence. We affirm. * * *
In calculating Mallett’s base level offense of 32, the district court included the 85 grams of cocaine recovered from Mallett’s house in April 2001 as relevant conduct. The district court found that this prior incident was part of the same course of conduct for which Mallett was convicted because the same drug type and the same drug paraphernalia were recovered from the same residence. The district court reasoned that the nature of the crime indicated that there was one drug operation run by Mallett out of the residence that he maintained for the purpose of ongoing drug activity. We agree.
Posted by Marcia Oddi on August 3, 2007 12:30 PM
Posted to Ind. (7th Cir.) Decisions