United States v. Douglas

Douglas was charged with conspiracy to distribute and to possess with intent to distribute cocaine and conspiracy to engage in money laundering. While on bail, Douglas booked a flight to Jamaica. 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 a possible heart attack. He was convicted. 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 240-month sentence. The Third Circuit initially affirmed as to the drug quantity and application of the abuse of a position of trust enhancement and reversed the obstruction of justice enhancement, but subsequently vacated the sentence. Sentencing Guideline 3B1.3 describes a two-level enhancement “[i]f the defendant abused a position of public or private trust . . . in a manner that significantly facilitated the commission or concealment of the offense.” The commentary defines “position of public or private trust” as one “characterized by professional or managerial discretion.” Douglas is not subject to the enhancement by virtue of his position as an airline mechanic, which did not involve “professional or managerial discretion.” View "United States v. Douglas" on Justia Law