United States v. Johnson, No. 13-5311 (6th Cir. 2013)
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Johnson stored marijuana in his Arkansas home for distribution in Tennessee. A conspiracy headed by others obtained large quantities of marijuana from a Texas supplier, who delivered to Johnson’s Blytheville home. Police observed three incidents of drug trafficking at Johnson’s home. Following a group of the conspirators in Blytheville, DEA agents arrested one of the drivers, who admitted to delivering four 300-pound loads of marijuana to Johnson. The officers subsequently stopped Johnson at his new Blytheville home and received permission to search it. In one bedroom and in a hallway closet, the officers found 237 pounds of marijuana and a handgun. They also seized $15,000 in cash, a black scale and three vehicles. Johnson pleaded guilty to conspiring to sell marijuana. Johnson accepted the facts as stated in his pre-sentence report, but objected to a two-level enhancement for using his home to distribute drugs. The district court applied the enhancement, sentencing Johnson to 97 months in prison, the low end of the guidelines range. The Sixth Circuit affirmed application of the U.S.S.G. 2D1.1(b)(12) enhancement. The amount of marijuana and the length of time he kept it there (eight months) justified the enhancement.
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