United States v. Brown, No. 16-1216 (7th Cir. 2016)
Annotate this CaseFrom 2003-2008, Brown distributed millions of dollars worth of cocaine. He was convicted of conspiring to distribute at least five kilograms of cocaine, 21 U.S.C. 846, 841(a)(1). At sentencing, Brown argued that he should be held responsible only for five kilograms, as the jury had found. The government sought to hold him responsible for nearly 3000 kilograms, based on the testimony of cooperating witnesses. The court determined that 150 kilograms were “within the zone of this defendant’s responsibility,” and had been “proven and probably proven twice over.” The quantity corresponded to a base offense level of 38—the highest level provided in U.S.S.G. 2D1.1(c)(1), yielding a guidelines range of 292-360 months. His conviction—but not the drug quantity calculation—was affirmed. Brown later moved (18 U.S.C. 3582(c)(2)) to reduce his sentence under Amendment 782, which raised the amount of cocaine qualifying for level 38 from 150 kilograms to 450 kilograms. The government maintained that Brown’s level was unchanged because he was responsible for over 450 kilograms based on witness testimony. The court agreed and declined to disturb its guideline calculation. The Seventh Circuit affirmed. Brown’s offense level was not lowered. He has an offense level of 38, which applies under both the older and the revised guidelines and reflects very large quantities of cocaine. The court’s statements indicated its determination that Brown was responsible for 450 kilograms or more of cocaine.
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