United States v. Duncan, No. 10-2303 (7th Cir. 2011)
Annotate this CaseThe defendant was sentenced to 174 months for participation in a drug trafficking operation. The district court denied a motion to reduce the sentence after reconsidering the facts and concluding that the defendant was accountable for at least 4.5 kilograms of crack cocaine. The Seventh Circuit affirmed. Although the Sentencing Commission has lowered the guidelines' range for offenses involving certain quantities of cocaine, relief is not available for offenses involving at least 4.5 kilograms. Nothing prohibited the district court from making new findings that are not inconsistent with earlier findings; the defendant's claim that the amount was not foreseeable to him was implausible.
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