Sentencing Guidelines – Supervised Release

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7^th Circuit Court of Appeals

Case Name: United States of America v. Roberta Draheim, et al.,

Case No.: 19-1262; 19-1911

Officials: BAUER, FLAUM, and KANNE, Circuit Judges.

Focus: Sentencing Guidelines – Supervised Release

Roberta “Mama Bear” Draheim was a drug dealer in northern Wisconsin. Draheim’s meth conspiracy was her proverbial cub. Between 2016 and 2018, she over‐ saw the shipment of nearly forty packages of multi‐pound quantities of methamphetamine from sources in California to La Crosse, Wisconsin. During this time, Draheim supervised at least eleven associates in her trafficking organization, including defendant Tom Lewis. Caught up in the conspiracy, both eventually pleaded guilty to certain narcotics offenses.

At sentencing, Draheim faced a mandatory‐minimum sentence of ten years. She argued she qualified for “safety‐valve relief,” which would have authorized the district court to sentence her below the mandatory minimum. The court over‐ruled Draheim’s objection because she was the leader of her enterprise. Lewis contended that the court should only sentence him based on his conviction, not any other “relevant conduct.” The court overruled his objection too.

Lewis and Draheim now appeal their sentences, maintaining that the district court’s safety‐valve and relevant‐conduct decisions are wrong. We affirm the court’s judgment in Draheim’s case but vacate its judgment as to Lewis and remand for resentencing.

Affirmed in part. Vacated and remanded in part.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.