United States v. Jackson, No. 20-2408 (7th Cir. 2021)
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Jackson and Walker sold drugs on six occasions to a confidential source (CS) during a two-month span in 2019. For the final sale, Jackson, through Walker, had agreed to sell 35 grams of crack cocaine to the CS for $1,800. When the CS arrived with Walker to the location for the buy, Jackson handed over only 24.92 grams of crack cocaine. After negotiations, the CS paid Jackson $1,500. Jackson said that he would retrieve and provide the CS the full amount previously agreed. Jackson then traveled to a nearby town to get more crack cocaine before again meeting the CS and Walker at a location one mile from the original meet-up. There, Jackson exchanged 6.28 grams of crack cocaine for the remaining $300.
A jury found Jackson guilty of distributing more than 28 grams of crack cocaine. The Seventh Circuit affirmed his conviction, rejecting Jackson’s arguments that the government’s evidence showed that the sale involved two transactions, not one, each amounting to less than 28 grams of crack cocaine and that the district court should have given a lesser-included-offense instruction to allow the jury to find Jackson distributed less than 28 grams of crack cocaine.
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