United States v. William T. Barnes

In this drug conspiracy case involving a “reverse sting,” we must decide whether, for sentencing purposes, the government or the defendant bears the burden of proving facts relevant to determining the object of the conspiracy.

I

Barnes negotiated on behalf of his code-fendants and himself for the purchase of fifty kilograms of cocaine from undercover government agents. The transaction was to be consummated in two stages, with Barnes supplying $350,000 in cash in exchange for twenty-five kilograms on each of two consecutive days. On the first day, Barnes brought only $200,000 of the agreed-upon $350,000, but the government apparently allowed him to take possession of the entire twenty-five kilograms. After he took possession of the car containing the cocaine, Barnes and his codefendants were arrested.

Barnes pleaded guilty to one count of conspiracy with the intent to distribute in excess of five kilograms of cocaine in violation of 21 U.S.C. §§ 846 , 841(a)(1) and was sentenced under the Sentencing Guidelines to 240 months in prison followed by 5 years supervised release. He appeals his sentence, arguing that the district court improperly based his offense level on the amount…