Pleas & Sentencing

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7^th Circuit Court of Appeals

Case Name: United States of America v. Acasio Sanchez

Case No.: 15-1356

Officials: POSNER, MANION, and SYKES, Circuit Judges.

Practice Area: Pleas & Sentencing

Sentence enhancement warranted for appellant whom used home as drug storage

“Although other cases have found that certain facts justified the enhancement, this “does not mean that those facts necessarily must be shown in every case.” United States v. Johnson, 737 F.3d 444, 448 (6th Cir. 2013). The guideline specifically covers storage, see U.S.S.G. § 2D1.1(b)(12) cmt. n.17 (2014), and while storing additional tools of the drug-trafficking trade can be “indicia that drug trafficking was the principal use of the premises,” it is not the only relevant inquiry, United States v. Flores-Olague, 717 F.3d 526, 533 (7th Cir. 2013) (citing United States v. Miller, 698 F.3d 699, 706–07 (8th Cir. 2012)). Additionally, a premise can have more than one primary use (drug distribution and residence), and, as long as it is more than “incidental or collateral,” drug distribution does not have to be the “sole purpose.” U.S.S.G. § 2D1.1(b)(12) cmt. n.17 (2014); see United States v. Bell, 766 F.3d 634, 638 (6th Cir. 2014); Miller, 698 F.3d at 706–07. Moreover, it does not matter that Sanchez did not have a bigger role in the conspiracy; the use of his home was still integral. See Johnson, 737 F.3d at 448–49. And he did not have to control access to the closet to the exclusion of everyone else, such as his girlfriend, for the enhancement to apply. See United States v. Jones, 778 F.3d 375, 385 (1st Cir. 2015). Finally, the inside porch is part of the house even if it is separated from the main living area. See Bell, 766 F.3d at 637. The district court properly focused on the fact that Sanchez received large drug deliveries every few weeks, was paid a large sum for storage, and controlled access to the drugs when deciding that one of the primary purposes of his home was drug distribution”

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.