United States v. Purham, No. 13-2916 (7th Cir. 2014)
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Purham ran a crack cocaine distribution ring in Quincy, Illinois. With the help of his brother he continued to manage the conspiracy while incarcerated following a 2006 felon-in-possession conviction. Purham talked to Howard using the prison telephones, giving him advice on how to manage the conspiracy and avoid detection by the police. Federal agents charged both with conspiring to distribute crack cocaine, based in part on the brothers’ recorded phone calls. Purham pled guilty and was sentenced to 360 months’ imprisonment. The Seventh Circuit vacated the sentence, finding that the district court clearly erred in including certain prior conduct as relevant conduct. While the government may well have evidence to establish a link between Purham’s 2008 drug transportation and the later distribution activity with which he was charged, it did not present that evidence. The court upheld a “leadership” enhancement.
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