United States Seventh Circuit

Sentence for one defendant on drug conspiracy charges is affirmed where prior caselaw foreclosed her argument that the district court should have declined to apply section 2D1.1(c)(1) of the Sentencing Guidelines because of that provision's disparity in punishment for similar quantities of powder cocaine and crack cocaine. The sentence for a second defendant is vacated and remanded where the district court misapplied section 3B1.4 of the Guidelines during sentencing when it imposed an enhancement for the use of a minor despite a lack of evidence that the defendant personally directed or encouraged the minor in any way.

Appellate Information

• Argued 11/03/2006
• Decided 02/05/2007
• Published 02/06/2007

Judges

• WILLIAMS, Circuit Judge., Before EASTERBROOK, Chief Judge, and FLAUM and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• John W. Vaudreuil (argued), Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee., Richard H. Parsons, Jonathan E. Hawley, Johanna M. Christiansen (argued), Office of the Federal Public Defender, Peoria, IL, Paul Camarena, Chicago, IL, for Defendant-Appellant.