United States Seventh Circuit
US v. Curb, 09-2510
In a prosecution of defendant for conspiracy to possess and distribute heroin, cocaine, and crack cocaine, district court's imposition of a 270-month sentence in concluding that defendant was a supervisor in a criminal activity subject to the managerial enhancement and that he had willfully obstructed justice, is affirmed where: 1) defendant's own plea agreement and testimony, and the testimony and plea agreements of co-defendants, all support a finding that defendant occupied a managerial position in the drug conspiracy; 2) defendant's sentence is procedurally reasonable as the district court judge's comments at his sentencing hearing clearly demonstrate that the judge considered defendant's arguments regarding the section 3553(a) factors and adequately explained his determination of the sentence; 3) defendant's sentence is substantively reasonable; and 4) defendant's choice not to attend his sentencing hearing and to evade the justice system for two-and-a-half months before being caught is clearly obstructive conduct deserving of an enhancement.
Appellate Information
- Argued 09/21/2010
- Decided 11/16/2010
- Published 11/16/2010
Judges
Court
- United States Seventh Circuit