Seventh Circuit - Relevant Conduct

United States v. Ford, 988 F.3d 970 (7th Cir. 2021). The 6-level enhancement at §2B3.1(b)(2)(B) applied to a defendant whose codefendant “otherwise used” a firearm during an attempted robbery of a gas station. There was “ample evidence” that the defendant was in on his codefendant’s plan to rob the gas station “from the start and that he continued to help after [the codefendant] brandished the firearm.” These facts supported a reasonable inference that the use of the firearm was within the scope of the defendant’s “jointly undertaken criminal activity, in furtherance of it, and reasonably foreseeable,” as required by §1B1.3(a)(1)(B).

United States v. Rollerson, 7 F.4th 565 (7th Cir. 2021). Absent opposing evidence, a police affidavit averring that the defendant engaged in four controlled buys was sufficiently reliable to hold the defendant accountable for those transactions at sentencing.

United States v. Rollerson, 7 F.4th 565 (7th Cir. 2021). The defendant’s uncharged and acquitted conduct (four controlled purchases and possession of distribution quantities of drugs other than heroin) was relevant conduct to the offense of conviction (possession of distribution quantities of heroin).

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