Foreseeability

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7^th Circuit Court of Appeals

Case Name: United States of America v. Thomas Jones

Case No.: 20-1405

Officials: Wood, Hamilton, and Kirsch, Circuit Judges.

Focus: Foreseeability

Fourteen people were charged and convicted for a conspiracy to transport illegal drugs from Georgia for distribution in Kokomo, Indiana. In these consolidated appeals, ten defendants challenge their convictions and/or sentences on a host of issues. The court affirms all challenged convictions, and affirms the sentences of all but one defendant.  The court vacates the sentence of Thomas Jones and remand his case for resentencing. The firearm enhancement should not be applied to treat as equally culpable a person who brings the firearm to a deal and a counter‐party who is not armed and is not even aware the other is carrying. In this case, there was no particular reason for Thomas Jones to foresee that the buyer’s wife was carrying a firearm. The enhancement could have no deterrent effect. The district court clearly erred in applying the enhancement to Thomas Jones. The court vacates his sentence and remand for resentencing.

Affirmed. Vacated in Part

Decided 12/22/22

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