Court error – Sentencing

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7^TH Circuit Court of Appeals

Case Name: United States of America v. Anthony Lomax, Demond Glover & Brandon Lomax

Case No.: 14-2811, 14-3189, 14-3684

Officials: ROVNER and WILLIAMS, Circuit Judges, and SHAH, District Judge

Focus: Court error – Sentencing

Court fails to instruct jury of buyer-seller relationship in heroin distribution conspiracy case, properly enhanced sentence of one appellant with two prior drug convictions, court commits harmless error sentencing when erroneously classified one appellant as career offender.

“But, there is also evidence that Anthony was merely Brandon’s customer. There is evidence that Anthony bought heroin from mostly Brandon, but also bought heroin at least once from Demond. Anthony would re-sell the heroin to his own customers, not at the direction of Brandon. Also, Johnson, one of Brandon’s customers, testified that Anthony tried to get him to buy heroin from Anthony instead of Brandon. This suggests that Anthony did not have a shared common goal with Brandon. Moreover, Kelley, Brandon’s supplier, testified that Brandon moved drugs with a cousin and his brothers. If a rational jury assumed Demond was the one cousin mentioned, then it could have excluded Anthony from the conspiracy.”

Affirmed Lomax & Glover conviction & Sentence

Vacate and remand Lomax conviction and remand for new trial

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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.