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Monday, June 03, 2013

Ind. Decisions - 7th Circuit decides one Indiana case today

In UNITED STATES OF AMERICA v. JEFFREY WEAVER (SD Ind., Lawrence), a 13-page opinion, Judge Flaum writes:

Jeffrey Weaver sold methamphetamine on credit to two buyers, who paid off their debts by selling the drugs to their own customers. (In trade parlance, this is known as “fronting” the drugs.) Weaver pleaded guilty to conspiring with those buyers to possess and distribute methamphetamine, see 21 U.S.C. §§ 841(a)(1), 846, and the district court sentenced him to 235 months’ imprisonment, the bottom of the guidelines range calculated by the court. On appeal Weaver argues that the court overstated that range by assessing a 3-level upward adjustment for his perceived leadership role as a manager or supervisor of the conspiracy. See U.S.S.G. § 3B1.1(b). But there is no evidence that Weaver managed or supervised his buyers or any other participant, and thus we vacate the sentence and remand for resentencing.

Posted by Marcia Oddi on June 3, 2013 11:53 AM
Posted to Ind. (7th Cir.) Decisions