United States v. Sanders, No. 13-3727 (7th Cir. 2015)
Annotate this CaseMore than 10 years ago, federal authorities investigated a drug conspiracy headed by Freeman at the Cabrini-Green housing projects. Ultimately, 15 persons were charged, 10 pleaded guilty, and five went to trial, including Wilbourn and Sanders, who conceded that they sold drugs at Cabrini-Green but claimed to do so as small-scale, independent dealers and not as part of Freeman’s organization. The jury convicted them of multiple charges, including participation in the conspiracy. On remand, the government abandoned vacated counts. The district court sentenced Wilbourn to 184 months and Sanders to 160 months on the undisturbed counts. The Seventh Circuit affirmed in part, reversing denial of Sanders’ motion to suppress evidence from a car search and remanding for a new trial Sanders’ conviction under one count; vacating Wilbourn’s conviction for telephone facilitation, 21 U.S.C. 843(b), because of the failure of the underlying count, and remanded it for a new trial; and vacated Wilbourn’s sentence and remanded for new findings regarding the applicable drug quantity.
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