By: Derek Hawkins//October 20, 2020//
7th Circuit Court of Appeals
Case Name: United States of America v. Scott A. Carnell
Case No.: 19-2207
Officials: ROVNER, WOOD and BARRETT, Circuit Judges.
Focus: Sentencing Guidelines
Scott Carnell pled guilty to a conspiracy to distribute a mixture containing methamphetamine. The United States Sentencing Guidelines (U.S.S.G.) distinguish between mixtures involving run-of-the-mill methamphetamine and methamphetamine that is at least 80% pure. U.S.S.G. 2D1.1, note C. The latter the Guidelines refer to as “ice,” and that definition carries with it sentences that are substantially higher than those for non-ice methamphetamine. Carnell claims that the government failed to meet its burden of proving that the substance in which he dealt was ice methamphetamine, and therefore he should have been sentenced as though he was involved in a conspiracy to distribute methamphetamine that is less than 80% pure.
Decision