United States v. Weaver, No. 12-3324 (7th Cir. 2013)
Annotate this CaseWeaver sold methamphetamine on credit to two buyers, who paid off their debts by selling the drugs to their own customers. Weaver pleaded guilty to conspiring with those buyers to possess and distribute methamphetamine, 21 U.S.C. 841(a)(1), 846, and the district court sentenced him to 235 months’ imprisonment, the bottom of the guidelines range, assessing a 3-level upward adjustment for his perceived leadership role as a manager or supervisor of the conspiracy, U.S.S.G. 3B1.1(b). The Seventh Circuit vacated, stating that there was no evidence that Weaver managed or supervised his buyers or any other participant. Although he determined how much and how often they got drugs, Weaver did not control to whom or at what price the others sold the drugs Weaver fronted.
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