Sentencing Guidelines and Jury Instructions

By: Derek Hawkins//August 22, 2017//

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7^th Circuit Court of Appeals

Case Name: United States of America v. Antwon Willis, et al.

Case No.: 16-2342; 16-2375

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

Focus: Sentencing Guidelines and Jury Instructions

Antwon Willis and Ericka Simmons were convicted of conspiracy to distribute 100 grams or more of heroin and sentenced to 235 months’ and 108 months’ imprisonment, respectively. They appeal their convictions, claiming there was an impermissible variance from the indictment. They also claim the jury pool failed to include a fair cross‐section of their community because only one of the 48 members of the venire was black. Simmons also challenges the district court’s jury instruction related to the amount of heroin involved in her offense. Finally, Simmons argues that the district court erred in enhancing her sentencing offense level for possession of a gun during the commission of a drug offense. We affirm

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.

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