(Download) "United States v. Searcy" by Fifth Circuit U.S. Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Searcy
- Author : Fifth Circuit U.S. Court of Appeals
- Release Date : January 30, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
As amended January 16, 2003 Summary Calendar Sh'caris Searcy appeals the 87-month sentence imposed following his guilty-plea conviction for possession of more than 50 grams of cocaine base with the intent to distribute and for distribution of cocaine base, in violation of 21 U.S.C. § 841(a)(1). Specifically, Searcy challenges the imposition of the two-level sentencing enhancement he received for obstruction of justice, pursuant to U.S.S.G. § 3C1.1. This case presents the issue, one of first impression in this court, whether a threat not directly communicated to the intended target may serve as the basis for a § 3C1.1 enhancement. We conclude that it may and, for the reasons set forth below, AFFIRM the district court's judgment. The § 3C1.1 enhancement in this case was based upon Searcy's attempt, while on pretrial release, to retaliate against the confidential informant (""CI"") who had assisted law enforcement officers in the controlled drug purchase leading to his arrest by contacting a third party, who had a key to the CI's residence, and asking the third party to ""plant"" approximately four ounces of crack cocaine in the CI's residence. Searcy met with the third party, who, unbeknownst to him, was also a CI, in furtherance of the plan, but the plan fell apart when Searcy was unable to secure the money to purchase the crack cocaine. As he did in the district court, Searcy argues that the enhancement was error because he did not directly threaten the CI and because the CI was never aware of the threat to her. 1