United States Seventh Circuit

Sentences of defendants convicted of conspiring to distribute or possess with intent to distribute heroin and cocaine are affirmed where: 1) district court did not clearly err by finding that one of the defendants occupied a managerial or supervisory role in enhancing his offense level under U.S.S.G. section 3B.1(c); and 2) district court's application of the section 3C1.1 obstruction of justice enhancement to the other defendant was not clearly erroneous as his statements in an affidavit were material, and as such, defendant was not eligible for an acceptance of responsibility reduction.

Appellate Information

• Decided 10/14/2009
• Published 10/14/2009

Judges

• MANION, Circuit Judge., Before MANION, SYKES, and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Keri A. Ambrosio, Attorney, Lawrence S. Beaumont, Attorney (argued), Law Office of Lawrence S. Beaumont, Chicago, IL, for Omar Gonzalez-Villa.


• For Appellees:
  
• Amarjeet Singh Bhachu, Attorney (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., Gerardo S. Gutierrez, Attorney (argued), Chicago, IL, for Jesus N. Gonzalez-Mendoza Defendant-Appellant.