United States v. Kevyn Taylor, No. 09-3425 (7th Cir. 2011)
Annotate this CaseDefendant was convicted of possession with intent to distribute cocaine (21 U.S.C. 841(a)(1) and 842(b)(1)(C); possession of a firearm in furtherance of drug trafficking (18 U.S.C. 924(c)(1)(A)); and being a felon in possession of a firearm (18 U.S.C. 922(g)(1)). The sentencing report included enhancement for obstruction of justice, based on perjury at trial, for a total offense level of 36. With his criminal history, this resulted in a guidelines range of 188 to 235 months for Counts 1 and 2.The court gave concurrent below-guidelines sentences of 180 months on Counts 1, 2, 3, and 5, plus the mandatory minimum of a consecutive 60 months for possession of a firearm in furtherance of drug trafficking. The Seventh Circuit affirmed, holding that there was sufficient evidence to establish, beyond a reasonable doubt, that defendant aided and abetted in a drug deal. After participating in an earlier deal, during which he handled crack cocaine, he rented a car and drove on the night in question. The jury's contradictory findings about the amount of drugs was irrelevant; the sentence imposed was allowable regardless of the quantity of drugs. The court's findings concerning commission of perjury justified enhancement of the sentence.
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