United States v. Thomas

Thomas was charged with conspiracy to possess, with intent to distribute, a mixture or substance containing heroin, 21 U.S.C. 841(a)(1), 846, and two counts of possessing, with intent to distribute, a mixture or substance containing heroin, section 841(a)(1). A jury later found Thomas guilty and the court concluded that, because of four prior felony controlled substance offenses, Thomas was a career offender, and sentenced him to 216 months’ imprisonment. The Seventh Circuit affirmed, holding that there was sufficient evidence to sustain the conspiracy charge. The court noted that his co-conspirator, Andrews, drove Thomas to and from Chicago to buy heroin, rented vehicles for the trips, and, on at least one occasion, packaged heroin for Thomas. A jury could have concluded reasonably that Andrews was a coconspirator; any lack of profit motive on Andrews’s part does not alter that status. The court also did not err in imposing a two-level sentencing enhancement for maintaining a drug house; the record showed that Thomas lived in Andrews’s home and used that home as part of his distribution process. View "United States v. Thomas" on Justia Law