United States v. Carter

Carter headed a Pennsylvania drug ring, which he operated from Detroit, sending Cook and Macon to Pennsylvania to oversee the business. Cook was responsible for transporting drugs and readying them for sale. Macon’s responsibility was to keep detailed financial records and pay expenses, including the salaries of “employees.” Carter tasked Earheart with finding a house where Macon could live and run the drug operation. Earheart found the secluded Stoney Run house in Blairsville, Pennsylvania, which did not require a lease or a name on a utility bill. Carter inspected the property and ordered Macon to give Earheart the money for the security deposit and rent. Stoney Run became a base of operations. Carter’s organization maintained a second house; Cook lived at Bedford Street, and processed heroin there for delivery to Stoney Run for distribution, paying rent with funds from Macon, directly authorized by Carter. Following an investigation, which included searches of the premises and recovery of drugs at each location, Carter pleaded guilty under 21 U.S.C. 846. The agreement allowed Carter to challenge application of a two-level sentencing enhancement for maintaining a residence for the purpose of manufacturing and distributing a controlled substance, U.S.S.G. 2D1.1(b)(12). The Third Circuit affirmed Carter’s sentence (180 months), upholding application of the enhancement. View "United States v. Carter" on Justia Law