United States v. Lawler, No. 15-1496 (7th Cir. 2016)
Annotate this CaseLawler was charged, with 30 others, based on a heroin‐distribution conspiracy that led to five overdose deaths. Lawler “purchased relatively small quantities" to resell and for personal use. Lawler pleaded guilty under 18 U.S.C. 2 and 21 U.S.C. 841(a)(1), (b)(1)(A); 846. The statutory sentencing range is 10 years (20 years if death results) to life, 21 U.S.C. 841(b)(1)(A). U.S.S.G. 2D1.1(a)(2) also recommends a longer sentence when death results. The government argued that she sold the heroin that led to a death. The court found, by a preponderance of the evidence, that Lawler sold the heroin that killed Topczewski, and applied the 20‐year statutory minimum. The Supreme Court vacated Lawler’s sentence in light of Alleyne v. United States, which held that any fact that increases the statutory minimum sentence must be found beyond a reasonable doubt. On remand, the court found that Lawler’s U.S.S.G. base offense level should be 38.. Lawler’s Guidelines range soared from 15–21 months to 168–210 months. Based on substantial assistance, Lawler was sentenced to 98 months in prison. The Seventh Circuit vacated the sentence; U.S.S.G. 2D1.1(a)(2) applies if “the offense of conviction establishes that death … resulted from the use of the [heroin].” Lawler’s “offense of conviction”—distributing heroin and conspiring to possess heroin with the intent to distribute—does not “establish” that a death resulted.
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