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Sentencing Guidelines

By: Derek Hawkins//January 7, 2019//

Sentencing Guidelines

By: Derek Hawkins//January 7, 2019//

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7th Circuit Court of Appeals

Case Name: United States of America v. Raphael Campuzano-Benitez, et al.

Case No.: 18-1236; 18-1315

Officials: ROVNER, HAMILTON, and BARRETT, Circuit Judges.

Focus: Sentencing Guidelines

Appellants Raphael Campuzano-Benitez and Uriel Soria-Ocampo pleaded guilty for their roles as middlemen in a cocaine deal. The formal charge was a conspiracy to possess cocaine with intent to distribute in violation of 21 U.S.C. § 846. Both men appeal their sentences. They argue that the district court erred on two sentencing guideline issues: the amount of cocaine the court attributed to them and their relative roles in the conspiracy. They also argue that the district court erred by allowing a witness to consult with his attorney during his testimony in the appellants’ joint evidentiary hearing for their sentencing. We affirm. The district court did not commit clear error in its findings on the amount of cocaine and roles in the offense, and the court did not abuse its discretion in allowing the witness to confer with his attorney.

Affirmed

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Derek A. Hawkins is a trademark corporate counsel attorney for Harley-Davidson, where he concentrates his practice on brand protection and strategy.

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