United States v. Douglas

Douglas was charged with conspiracy to distribute and to possess with intent to distribute five kilograms or more of cocaine, 21 U.S.C. 846, and conspiracy to engage in money laundering, 18 U.S.C. 1956(h). While on bail, Douglas booked a flight to Jamaica. The district court did not revoke his bail. Douglas failed to appear for the first day of trial. The next day he submitted documents showing that he had been admitted to the emergency room, with chest pain. Douglas’s EKG revealed possible heart blockage. His blood tests indicated he had an abnormal white blood cell count and an elevated enzyme level that can indicate a heart attack. The court stated that “[t]here’s no solid evidence … that he was suffering from a medical condition.” He was convicted. The PSR recommended that Douglas be held responsible for 450 kilograms of cocaine; a two-level enhancement because Douglas had been convicted of conspiracy to engage in money laundering; a two-level enhancement for abuse of a position of trust; and a two-level enhancement for obstruction of justice, resulting in a Guidelines sentence of life imprisonment. The court noted testimony that Douglas smuggled 10-13 kilograms of cocaine, 40-50 times, that Douglas used his airport security clearance, and Douglas’s failure to appear, and imposed a sentence of 240 months’ imprisonment. The Third Circuit upheld the court’s conclusion regarding drug quantity and its application of the enhancement for abuse of a position of trust, but reversed the enhancement for obstruction of justice. View "United States v. Douglas" on Justia Law