United States v. Evans, No. 15-2287 (7th Cir. 2016)
Annotate this CaseAfter Evans broke the jaw of a customer for a heroin debt, that customer told his probation officer that Evans sold heroin in Beloit, Wisconsin, often from the apartment of his coconspirator. After four controlled buys, Evans was arrested and pleaded guilty to distributing heroin, 21 U.S.C. 841(a)(1). After his arrest, Evan put pressure on the informant to change his story. Evans acknowledged that the drug quantity was between 100 and 400 grams of heroin and was sentenced, below the guidelines range, to 144 months’ imprisonment. The Seventh Circuit affirmed, rejecting challenges to a two-level upward adjustment that applies if a drug offender “maintained a premises for the purpose of manufacturing or distributing a controlled substance,” U.S.S.G. 2D1.1(b)(12), and to denial of a two-level reduction for acceptance of responsibility.
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