United States v. Charles Zweber, United States of America v. Jerry Allen Hudson II

Charles Zweber and Jerry Allen Hudson appeal their convictions for distributing cocaine in violation of 21 U.S.C. § 841 (a). They argue that the trial court erred in denying them offense level reductions for playing minor or minimal roles in the offense, in refusing to depart downward because of a disparity between their sentences and those of their alleged co-conspirators, in considering cocaine involved in non-conviction charges as relevant conduct when computing their base offense levels, and in denying their motions to withdraw guilty pleas. We affirm.

FACTS

On June 21, 1988, an informant told drug task force officers that Jerry Hudson had sold him cocaine on numerous occasions in the past four years and that Charles Zwe-ber assisted Hudson in this enterprise. The informant, under task force supervision, arranged with and purchased 28.1 grams of cocaine from Zweber on June 23, 1988, 141 grams from Hudson on July 11, 1988, and 27.6 grams from Hudson on July 21, 1988. On September 27, 1988, the informant again arranged with Hudson to purchase cocaine. Zweber picked up the cocaine at Hudson’s house, under surveillance, and met the informant in a parking lot to complete the…