United States v. Blankenship

970 F.2d 283 (7th Cir. 1992)

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Nature of the Case

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Facts

Nancy Nietupski, a grandmother in her early 60s, ran a methamphetamine ring through her extended family. Her nephew, Zahm, helped her enter the manufacturing end of the business. In February 1989 Zahm leased from Thomas Lawrence a house trailer in which to set up shop for a day. Nietupski told Lawrence what Zahm planned to make and offered $1,000 or one ounce of methamphetamine; Lawrence preferred the cash and took $100 as a down payment. He covered the floor of the trailer with plastic for protection. Zahm postponed the operation when he could not find a heating control. A few days later Lawrence got cold feet, telling Bland (one of Nietupski's assistants) that he wanted the chemicals and equipment removed. Bland complied. Zahm eventually turned against his aunt, whose operations collapsed. Eighteen persons from the Nietupski ring were indicted. Robert Blankenship, Thomas Lawrence, and six others were in one group, all charged in a single count with conspiring to manufacture and distribute methamphetamine. Of the six, three pleaded guilty, and three were acquitted. Blankenship and Lawrence were convicted by the jury. Ds appealed.