United States v. Rucker, No. 13-2760 (7th Cir. 2014)
Annotate this CaseRucker, Alvarez, and others were charged with conspiracy to distribute a controlled substance and other narcotics offenses. Rucker pled guilty attempting to possess, with the intent to distribute, two kilograms of cocaine. Rucker disputed the additional quantity of narcotics that should be attributed to him as relevant conduct. At a hearing the government presented testimony from Alvarez, who had pleaded guilty. Alvarez recounted past narcotics transactions with Rucker; by his estimate, Rucker had purchased two or three kilograms of cocaine from him every 2-3 months since 2007 or 2008. Rucker was present in court at the time. The parties later stipulated that an additional three and one-half to five kilograms of cocaine should be attributed to Rucker as relevant conduct, raising the advisory sentencing range from 63-78 months to a term of 78-97 months. The court imposed a term of 87 months. Days later, Rucker encountered Alvarez in a holding cell. Unlike Alvarez, Rucker was not yet in restraints. Other inmates later testified that Rucker made a remark that referred to a cooperating witness. A security camera recorded Rucker walking across the room to Alvarez (whom he outweighed by 80 pounds) and slamming Alvarez’s head against a concrete wall. Alvarez collapsed and began to convulse; blood ran from his head. Rucker told a guard that Alvarez had fallen and was having a seizure. Alvarez recovered. Rucker was convicted of witness retaliation, 18 U.S.C. 1513(b); the court imposed a sentence of 240 months, the statutory maximum. The Seventh Circuit affirmed, rejecting challenges to the sufficiency of the evidence and to the reasonableness of the sentence and a claim of ineffective assistance.
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