Friday, July 31, 2009
Ind. Decisions - One today from 7th Circuit
In U.S. v. Jeffery Dean (SD Ind., Judge Barker), a 22-page opinion, Judge Ripple writes:
After an extensive investigation of a large drug distribution organization, the Government charged Jeffery Dean and several other individuals with conspiring to distribute and to possess with intent to distribute methamphetamine. A jury found Mr. Dean guilty of the conspiracy, and the district court sentenced him to 156 months’ imprisonment. Mr. Dean now appeals. He claims that the evidence presented at trial was insufficient to support the jury’s verdict, resulting in a fatal variance between the crime charged and the offense proved at trial. He also challenges the court’s determination of his base offense level and its application of a two-level enhancement for obstruction of justice. For the reasons set forth below, we affirm Mr. Dean’s conviction, vacate his sentence and remand his case for resentencing in accordance with this opinion. * * *
In sum, we hold that the evidence presented at trial was sufficient to support the jury’s verdict. Furthermore, we conclude that the district court did not abuse its discretion by applying an obstruction of justice enhancement. Nevertheless, we must vacate Mr. Dean’s sentence and remand for further proceedings so that the district court may determine the quantity of methamphetamine that was reasonably foreseeable to Mr. Dean.
Posted by Marcia Oddi on July 31, 2009 12:20 PM
Posted to Ind. (7th Cir.) Decisions