Sentencing Guidelines

By: Derek Hawkins//October 20, 2020//

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7^th 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

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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.

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