United States v. Dewberry, No. 14-3018 (10th Cir. 2015)
Annotate this CaseDefendant-appellant supplied "significant" amounts of power cocaine to Virok Webb and his associates, who ran a drug distribution ring out of Junction City, Kansas. The Government charged Dewberry and several other codefendants with conspiracy to distribute 280 grams or more of a mixture or substance containing a detectable amount of crack cocaine (Count 1) and conspiracy to distribute 5 kilograms or more of a mixture or substance containing a detectable amount of powder cocaine (Count 2). Only Dewberry went to trial; the other codefendants entered into plea agreements. A jury found Dewberry guilty on both charges. The jury also returned special verdicts pertaining to the amount of drugs and finding he conspired to distribute 280 grams or more of crack and 5 kilograms or more of powder. The district court sentenced. Dewberry to the mandatory minimum of 20 years in prison on Count 1 and 168 months on Count 2. It determined both sentences would run concurrently. On appeal, Dewberry challenged: (1) the sufficiency of the evidence for the two conspiracy convictions; (2) the sufficiency of the evidence for the jury's finding that he was accountable for 280 grams or more of crack; (3) the district court's imposition of a 168-month prison term on Count 2; and (4) the district court's denial of his initial pretrial motion to sever. Finding no reversible error, the Tenth Circuit affirmed.
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