Sentencing – Relevant conduct

Listen to this article

U.S. Court of Appeals For the Seventh Circuit

Criminal

Sentencing – Relevant conduct

The district court did not err in finding that the defendant’s uncharged drug distribution counted as relevant conduct.

“Baines’ argument that his uncharged offenses are too dissimilar from the offense of conviction is equally flawed. According to Baines, the disparity between the amounts of heroin that law enforcement seized from him in 2007 and 2008—29.5 grams, 41.3 grams, 49 grams, 50 grams, and 165 grams—and Burgos’ testimony that she never distributed less than 250 grams of heroin to various customers from 2004 to 2006, underscores the separateness of the activities. As a preliminary matter, the only seizures involving Baines’ distribution of heroin were those of 49 and 165 grams. Both quantities are in line with Burgos’ sentencing hearing testimony and plea agreement admission that she generally distributed heroin in quantities ranging from 50 to 400 or 500 grams. In addition, both quantities match up with the admission in Claude McKay’s plea agreement that he received between 50 and 400 grams of heroin from Baines, through Burgos, every other week between 2005 and 2006. Moreover, at no point in her testimony did Burgos claim that she never distributed under 250 grams of heroin between 2004 and 2006; she merely testified that she distributed 250–400 grams of heroin to various customers she could remember ‘offhand.’ Thus, as a factual matter, Baines’ argument is tenuous, if not unfounded.”

Affirmed.

13-3284 U.S. v. Baines

Appeal from the United States District Court for the Northern District of Illinois, Pallmeyer, J., Bauer, J.

Full Text