Leadership, Firearms Enhancements Upheld

U.S. v. Sallis, 2008 WL 2780594 (7/18/08) (Published) - The evidence supported a leadership upward adjustment. Supplying or fronting drugs is not enough to justify such an enhancement, but here, the defendant and his twin brother exercised joint decision-making authority re: the amount of drugs to purchase etc. and recruited others, It was also okay to enhance for firearm possession under USSG § 2D1.1, despite the acquittal on the firearm possession charge. There was evidence the defendant drove his truck while it contained both a gun and drugs.

U.S. v. Sallis, 2008 WL 2787523 (7/18/08) (unpub'd) - The twin brother of the defendant in the above case could also receive a leadership enhancement. There can be more than one person in an organization who qualifies for the enhancement. More troubling, the 10th does not decide the question whether the defendant was a career offender because the district court varied downward to the upper limit of the range that would have been applicable without the career offender status. The 10th never discussed whether the district court would have varied from the lower correct range. Instead, the 10th noted the district court found the ultimate sentence to be reasonable after considering the § 3553(a) factors. So resentencing would produce the same result. Right? But isn't the correct guideline range an important § 3553(a) factor that might change the d.ct.'s analysis? The 10th did find it was plain error to impose a 30-year sentence when the statutory maximum was 20 years. But the actual sentence was not affected since the defendant received a 30-year concurrent sentence with respect to a different charge.