Dist. Ct. erred in sentencing defendant to 18-year term of incarceration on charge of drug distribution of more than 100 kilograms of marijuana, as well as unlawful possession of firearm in furtherance of drug trafficking, where instant sentence was based, in part, on Dist. Ct.’s finding that defendant was responsible for equivalent of 4,679.7 kilograms of marijuana as relevant conduct that was based on statements in presentence report from two confidential informants. Dist. Ct. could not make instant relevant conduct finding based on bare statements from confidential informants, where report failed to contain statements/evidence indicating reliability of said informants. As such, remand was required for new sentencing hearing that allows govt. to supply evidence of informant’s reliability.
Federal 7th Circuit Court
Criminal Court
Sentencing