United States v. Varga, No. 13-1378 (7th Cir. 2014)
Annotate this CaseVargas and Salinas were convicted of conspiracy to possess with intent to distribute marijuana (21 U.S.C. 841 and 846), and two counts each of using telephones in furtherance of the conspiracy (21 U.S.C. 843(b)).Vargas pleaded guilty to the conspiracy count, and was sentenced to 121 months’ imprisonment. Salinas went to trial and was convicted on three counts and sentenced to 120 months’ imprisonment. The Seventh Circuit affirmed, rejecting a claim by Vargas that the district court erroneously imposed a three‐level enhancement for his role as a manager or supervisor of the conspiracy, unduly lengthening his sentence. The court also rejected an argument by Salinas that the evidence presented at trial was insufficient to uphold his conviction and that an erroneous "ostrich" jury instruction prejudiced his case.
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