DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
072599P.pdf 04/10/2008 United States v. Tramain Whiting
U.S. Court of Appeals Case No: 07-2599
U.S. District Court for the Northern District of Iowa - Cedar Rapids
[PUBLISHED] [Murphy, Author, with Arnold and Benton, Circuit Judges]
Criminal Case - sentence. Two-level enhancement for obstruction of
justice was not clear error as district court found by preponderance of the
evidence that defendant had willfully committed or suborned perjury.
Counting drugs and guns seized from defendant's brother's house as
relevant conduct was not clear error, as defendant knew about drug
conduct, had access to guns and drugs there, handled and moved some of
the guns, and retrieved the drugs for customers. District court did not err
in denying a 4-level downward adjustment for minor role. Case is
remanded for resentencing to consider whether retroactive amendments to
crack Guidelines warrant sentence reduction.