United States v. Burnett, No. 13-3075 (D.C. Cir. 2016)
Annotate this CaseDefendants Thaxton Young, Jesse Young, and Gerry Burnett challenged their convictions for conspiring to distribute heroin in Washington, D.C. Defendants raised numerous issues on appeal. The court concluded that the district court should not have based Burnett's sentence, in part, on conduct that occurred before he joined the conspiracy. Because the error was plain where Burnett would have been sentenced to a lower base offense level, the court reversed and remanded for resentencing. The court affirmed the judgments of convictions and sentence in all other respects.
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