United States v. Contreras, No. 16-3375 (7th Cir. 2017)Annotate this Case
Contreras pleaded guilty to drug-trafficking offenses in three separately charged criminal cases assigned to three different district judges. When calculating the guidelines range at sentencing, each judge applied an upward adjustment of two offense levels after finding that Contreras maintained a premises—his home— “for the purpose of manufacturing or distributing a controlled substance,” U.S.S.G. 2D1.1(b)(12). The Seventh Circuit affirmed his concurrent 87-month sentences, rejecting an argument that each judge erred by not comparing the frequency of legal activity to the frequency of illegal activity that occurred at his residence. The eight drug transactions that Contreras conducted at his home support a finding that drug trafficking was a primary use of the residence, not an incidental or collateral one.