United States v. Hopper, No. 18-2576 (7th Cir. 2019)
Annotate this CaseHopper, part of a community of methamphetamine users and sellers in southern Illinois, was charged with conspiracy to distribute methamphetamine, 21 U.S.C. 841(a)(1), 841(b)(1)(B), 846 and 18 U.S.C. 2. Several charged individuals signed proffer letters, agreeing to provide testimony against Hopper in exchange for leniency. At Hopper’s trial, the government presented the testimony of approximately 20 witnesses. The court denied Hopper’s motion for disclosure of the proffer letters. The jury found that the conspiracy involved an amount of 50 grams or more. Based on interviews with other conspiracy participants, the probation officer determined that Hopper’s relevant conduct involved 1.968 kilograms of ice methamphetamine. The court applied a two-level sentence enhancement for maintaining a residence for the purpose of distributing methamphetamine; calculated a guidelines imprisonment range of 235-293 months; and sentenced Hopper to 235 months. The Seventh Circuit affirmed. The district court did not err when it denied Hopper’s motion for disclosure of the proffer letters and properly concluded that Hopper was subject to the two-level sentence enhancement. However, the court plainly erred when it calculated Hopper’s relevant conduct and corresponding guidelines range. In their separate interviews, two witnesses were describing the same transactions. By including the amounts described by both in the calculation of Hopper’s relevant conduct, the presentence report erroneously double-counted those drug quantities.
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