United States Seventh Circuit

Conviction and sentence for drug distribution are affirmed in part where: 1) defendant failed to demonstrate a lack of predisposition to commit the charged crimes, so he was not entitled to an entrapment instruction; 2) the evidence was sufficient to support the conviction; 3) defendant was a leader of a conspiracy having five or more participants so he was not eligible for safety-valve relief; 4) a role enhancement was proper; and 5) the court gave an adequate statement of reasons for its within-Guidelines sentence. The sentence is remanded where the district court did not make an independent factual determination as to the amount of drugs defendant conspired to steal.

Appellate Information

• Argued 05/22/2007
• Decided 12/14/2007
• Published 12/14/2007

Judges

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

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Benjamin F. Langner (argued), Office Of The United States Attorney, Chicago, IL, for Plaintiff-Appellee., Sarah O'Rourke Schrup (argued), Matthew Ford, David Rontal, Northwestern University School of Law, Chicago, IL, for Defendant-Appellant.