United States v. Adams, No. 12-2125 (7th Cir. 2014)
Annotate this CaseHunter, Adams, Gill, and Bostic were charged (with 10 others) in a multi-count indictment with conspiracy to possess with intent to distribute, and distribution of 1000 grams or more of substances containing a detectable amount of heroin (21 U.S.C. 846 and 841(a)(1)). All four pleaded guilty, but appealed either their convictions or their sentences. Because Hunter entered a blind plea, waiving his right to appeal pre-trial rulings, the Seventh Circuit dismissed his appeal. The court also rejected Adams’s contention that the district court erred in calculating the quantity of heroin for which he was responsible. The court remanded for resentencing of Gill and Bostic because the court erred in enhancing their guideline offense levels for maintaining a “stash house.” That guideline provision was not in effect during the commission of their offenses. The court rejected Bostic’s attempt to challenge his plea; the change of plea hearing established that his plea was knowing and voluntary. The court also rejected his assertion that the court erred in considering, as a sentencing factor, violence engaged in by his gang without specifying what acts of violence it was holding him responsible for. A district court is not required to make specific findings concerning the section 3553 factors; the court clearly considered those factors.
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