United States v. Longstreet
2012 U.S. App. LEXIS 1111
| 7th Cir. | 2012Background
- Longstreet and Ervin were part of a Chicago drug-trafficking operation involving crack, cocaine, heroin, and marijuana.
- Longstreet was convicted of conspiracy and related offenses; Ervin pleaded guilty to conspiracy and two related offenses.
- Sentences on remand were 360 months for Longstreet and 240 months for Ervin after re-evaluation under Kimbrough.
- The district court credited Sutton’s trial testimony to attribute crack quantities to Longstreet, applying a 1.5 ounces-per-day rate.
- Ervin was treated as a career offender; the court reduced his sentence to achieve proportionality with co-conspirators.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether drug quantity for Longstreet was properly determined | Longstreet argues Sutton's testimony and time frame were unreliable. | Longstreet contends the 1.5 oz/day rate overextended the relevant period. | Yes; quantity supported by reliable, credible testimony. |
| Whether Sutton's reliability and distribution of sales support extrapolation | Sutton’s credibility and distribution permit extrapolation. | Sales may be uneven; extrapolation risks error. | Reliable evidence allowed extrapolation based on daily average. |
| Whether Ervin's resentencing guidelines range was correct and reasonable | Ervin's status as a career offender yields high range; discretionary adjustment allowed. | Lower sentence deviates from guidelines but proportional. | Guidelines range appropriate; sentence within reasonable, proportional bounds. |
| Whether appellate Anders issue requires dismissal of Ervin's appeal | (Not stated) | (Not stated) | Ervin's appeal dismissed; Anders withdrawn. |
Key Cases Cited
- United States v. Krasinski, 545 F.3d 546 (7th Cir.2008) (preponderance standard for drug quantity; reliability required for estimates)
- United States v. Bautista, 532 F.3d 667 (7th Cir.2008) (reliability of information supporting sentencing findings)
- United States v. Rodriguez, 67 F.3d 1312 (7th Cir.1995) (reasonableness of estimated quantities when invoices unavailable)
- United States v. Howard, 80 F.3d 1194 (7th Cir.1996) (estimates must be supported by reliable information; generous estimates impermissible)
- United States v. Clark, 538 F.3d 803 (7th Cir.2008) (credibility determinations within district court’s purview)
- United States v. Lawrence, 915 F.2d 402 (8th Cir.1990) (distribution of sales over time affects quantity extrapolation)
- Anders v. California, 386 U.S. 738 (1967) (allowing withdrawal of counsel when appeal frivolous)
- United States v. Parker, 101 F.3d 527 (7th Cir.1996) (limitations on issues review on remand)