United States v. Robert M. Petty, United States of America v. Jordan Rodrigues Quintal, Jr.

A large number of issues in this and related cases have been disposed of by memorandum disposition and by a separate opinion filed herewith. The present opinion is addressed to a single point, raised by Jordan Quintal and Robert M. Petty. It is the quantity of drugs to be attributed to a conspirator in a drug conspiracy.

We remand to the district court for resen-tencing of these defendants.

FACTS

The evidence established only that Quintal was involved in a single sale of three kilograms of cocaine to Donald Kessack. The sale took place in July 1989, three months before the five-year conspiracy was broken up by the government. In contrast, the evidence indicated that Robert Petty was a founding member of the conspiracy; that he bought and resold to Kessack large amounts of cocaine over the five year period; that he organized the shipment of the drugs; that he supervised couriers; that he handled their payments; and that he took large profits.

PROCEEDINGS

On July 27, 1990, the district court sentenced Quintal on the basis that, as to him, the conspiracy involved the distribution of 15 to 49 kilograms of cocaine. Petty was sentenced on the total quantity of drugs distributed by…