United States v. Caldwell

589 F.3d 1323 (10th Cir. 2009)

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Nature of the Case

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Facts

The DEA began investigating a drug ring headed by the Rosales family of El Paso. The family's main contact in Oklahoma was Williams, who distributed marijuana to a number of intermediary suppliers in the state. These suppliers distributed the marijuana, mostly on consignment, to street-level dealers. Herrera sold marijuana to a number of street-level dealers in Oklahoma City, including Caldwell. The first transaction between Herrera and Caldwell (D) took place in 2004. D received between two to four kilograms of marijuana on consignment. For approximately two years thereafter, Herrera distributed two to seven kilograms of marijuana once every several weeks to D. D then resold the marijuana to users. Anderson, a friend of D's since early 2005, eventually became another one of Herrera's main customers. Early in their friendship, Anderson dealt drugs to D: On two or three occasions shortly after they met, Anderson sold D approximately one kilogram of marijuana on consignment. For roughly one year after these sales occurred, Anderson and D had no drug-related interaction. Then in early 2006, Anderson's regular supplier was 'running short' on marijuana, and Anderson asked D if he knew of a reliable drug supplier. Even though D was present at the initial meeting, during which Herrera sold approximately 4.5 kilograms of marijuana to Anderson on consignment, D received no economic benefit from the introduction. From that point on, Anderson and Herrera dealt with one another. The DEA did not intercept any drug-related telephone conversations between D and Anderson. D was indicted for conspiracy to distribute 100 kilograms or more of marijuana. The indictment listed D, Herrera, and Anderson as members of the same conspiracy. In exchange for reduced sentences, both Herrera and Anderson testified at trial. A DEA agent also testified that, during the course of the conspiracy, Herrera sold 54 to 163 kilograms of marijuana to D and 163 to 327 kilograms of marijuana to Anderson. D was convicted of conspiracy to distribute marijuana, and the jury returned a special verdict finding that the conspiracy involved 100 kilograms or more of marijuana. D objected to the drug quantity determinations of the jury and the PSR, but the court overruled D's objection. Based on its finding that over 100 kilograms of marijuana was attributable to Caldwell, the court sentenced Caldwell to 130 months' imprisonment.