United States Seventh Circuit

The drug quantity for which defendant is sentenced under USSG 2D1.1(a)(3) can be based on only those charges where the jury found defendant guilty, so defendant's fleeting possession of a larger amount of drugs while "choosing" which to buy is not the amount appropriate for sentencing purposes.

Appellate Information

• Argued 11/09/2000
• Decided 06/06/2001
• Published 06/06/2001

Judges

• FAIRCHILD, Circuit Judge., Before FAIRCHILD, EASTERBROOK, and MANION, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Thomas Edward Leggans (argued), Randy G. Massey, Office of the U.S. Atty., Crim. Div., Fairview Heights, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Renee E. Schooley, Lawrence J. Fleming (argued), Office of the Public Defender, East St. Louis, IL, for Defendant-Appellee.