United States v. Johnson, No. 10-2503 (7th Cir. 2011)
Annotate this CaseFollowing remand on sentencing after conviction for conspiring to distribute and to possess with intent to distribute controlled substances (21 U.S.C. 841(a)(1) and 846), possessing with intent to distribute a controlled substance (21 U.S.C. 841(a)(1)), and using a telephone to facilitate a felony drug crime (21 U.S.C. 843(b)), the district court found that defendant was accountable for 23 grams of crack and sentenced him to 72 months’ imprisonment and 48 months’ imprisonment, to be served concurrently. The Seventh Circuit affirmed the court's decision to attribute 23 grams to defendant, but noted that the evidence would have permitted a lower drug quantity finding and remanded for consideration of defendant's argument for a reduced crack-to-powder ratio.
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