United States v. Burnett, No. 13-2882 (7th Cir. 2015)
Annotate this CaseA vehicle search turned up 11.4 grams of heroin that Fields had obtained from Burnett. Fields called Burnett and said the heroin had been seized and asked Burnett to leave guns in a certain trash can in exchange for Fields’s freedom. Officers saw Burnett driving to that trash can and recovered guns from it. Weeks later, video set up by police captured Burnett mixing heroin with a cutting agent in his basement and packaging it. Davis left Burnett’s home with the heroin and sold 60 tinfoil packets (12.1 grams) to an undercover officer. A jury acquitted Burnett on conspiracy and use of a communication facility in furtherance of a conspiracy charges, but found him guilty on two individual distribution counts. The court found Burnett responsible for 100 grams of heroin, assessed a two-level leadership increase, and imposed a 135-month sentence. Burnett separately pled guilty to mail and wire fraud, 18 U.S.C. 1341, 1343. Burnett’s sister and infant nephew died in a fire, and a $5.75 million settlement was reached for the benefit of five surviving children. Burnett was appointed guardian of the children, and used part of the settlement to buy himself luxury cars, jewelry, and an apartment building. The court imposed enhancements for vulnerable victims and abusing a position of trust and sentenced Burnett to 90 months. In consolidated appeals, the Seventh Circuit affirmed both sentences.
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