United States v. Lewis, No. 19-1911 (7th Cir. 2020)
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In 2016-2018, Draheim managed a conspiracy, responsible for at least 38 packages of methamphetamine sent from California to La Crosse, Wisconsin. Draheim supervised at least 11 associates who accepted shipments on her behalf, sent money transfers to California, distributed the meth, rented storage lockers, and collected money owed to her. Draheim provided vehicles. After agents placed a wiretap on her phone and seized several packages of meth en route to Draheim, her California supplier forced Draheim to find a new source. Draheim contacted Lewis, recently out of jail but still involved in the “meth scene.” Lewis agreed to purchase meth from a new supplier. During the planned transaction, agents seized the package, which contained 28.6 grams of nearly pure meth. Police subsequently arrested Draheim after they found her daughter dead at home from an overdose; they took Lewis into custody for violating the terms of his state supervision.
Both pleaded guilty to meth distribution offenses, 21 U.S.C. 841, 846. Draheim, facing a mandatory‐minimum 10-year sentence, unsuccessfully argued that she qualified for “safety‐valve relief.” The court reasoned that she was the leader of her enterprise. Lewis unsuccessfully contended that he should be sentenced based only on his conviction, not other “relevant conduct.” The Seventh Circuit affirmed Draheim’s sentence but vacated as to Lewis. The fact that the defendant has engaged in other drug transactions is not, alone, sufficient to justify treating those transactions as relevant conduct for sentencing purposes.
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