Sentencing

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7^th Circuit Court of Appeals

Case Name: United States of America v. Dominic Miller

Case No.: 15-2856

Officials: BAUER, FLAUM, and WILLIAMS, Circuit Judges

Focus: Sentencing

Sentence imposed was not unreasonable given appellants history of drug use and drug sales.

“We find that the district judge did not err in her burden‐ shifting analysis. The judge began by stating that “the probation office was correct in determining that Mr. Miller’s relevant conduct involved at least 500 grams but less than 1.5 kilograms.” She referenced the relevant time period and the three‐to‐five pound range that Wagner had noted in her inter‐ view with law enforcement. Only after that did the district judge say she was “convinced that defendant has not shown that his relevant conduct involved less than 500 grams.” In short, the judge found that (i) the government satisfied its initial burden regarding the reliability of the revised PSR’s drug‐quantity determination, and (ii) Miller did not satisfy his burden when it shifted to him. Miller argues that he did in fact satisfy his burden, but we disagree. Miller emphasizes that in his rebuttal to the initial PSR, he demonstrated that he did not purchase and sell most of the methamphetamine by himself. As noted above, however, that potential fact is irrelevant since Miller and Wagner were jointly engaged in a criminal activity.”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.