United States v. Wesley
423 F. App'x 838
10th Cir.2011Background
- Wesley was indicted on twelve counts for conspiracy to distribute cocaine and cocaine base in the Kansas City area.
- He pled guilty to four counts before trial, including conspiracy to manufacture, possess with intent to distribute, and distribute substantial quantities of cocaine.
- He stood trial on the remaining eight counts and was convicted on two.
- At sentencing, the district court attributed at least 150 kilograms of cocaine to Wesley, found a firearm possession, and denied an acceptance-of-responsibility adjustment.
- The guideline range was 324–405 months, and a 360-month sentence was imposed.
- Wesley challenges the drug-quantity finding and the denial of the acceptance-of-responsibility adjustment; the court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court erred in assigning drug quantity. | Wesley contends Humphrey's testimony is unreliable for 150 kg. | Wesley argues the quantity is not sufficiently supported; district court relied on speculative estimates. | No clear error; evidence supported 150 kg as a conservative estimate. |
| Whether Wesley deserved a two-point reduction for acceptance of responsibility. | Wesley pled guilty to conspiracy, the most serious charge. | He contested other issues at trial and disputed quantity. | No error; district court properly declined the adjustment. |
Key Cases Cited
- United States v. Dalton, 409 F.3d 1247 (10th Cir. 2005) (clear-error review for drug-quantity findings when not all drugs are seized)
- United States v. Richards, 27 F.3d 465 (10th Cir. 1994) (use of plausible estimates with indicia of reliability when quantities are not seized)
- United States v. Hamilton, 587 F.3d 1199 (10th Cir. 2009) (quantity can include acts in furtherance of a joint criminal activity)
- United States v. Tom, 494 F.3d 1277 (10th Cir. 2007) (acceptance of responsibility standard and deference to sentencing determinations)
- United States v. Quarrell, 310 F.3d 664 (10th Cir. 2002) (great deference to judge on acceptance of responsibility; elements admission)