UNITED STATES of America, Plaintiff-Appellee, v. Catherine KEARNS, Defendant-Appellant

OVERVIEW

Catherine Kearns (“Kearns”) was convicted of conspiring to distribute marijuana, in violation of 21 U.S.C. §§ 841 and 846, and of possessing marijuana with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 . The district court sentenced Kearns to a 33-month prison term and a 60-month term of supervised release on each count, to run concurrently. As to count I, the court also imposed a $35,000 fine. The government’s related civil forfeiture complaint against four properties owned by Kearns had been dismissed prior to trial. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm in part and reverse in part.

FACTS

While defendant-appellant Catherine Kearns’ husband, Jim Kearns (“Jim Kearns”), was incarcerated in a federal prison in Arizona, he approached another inmate, Sergio Teran, regarding a drug transaction. According to Teran’s testimony, Jim Kearns stated that he and a partner were interested in buying large amounts of marijuana for distribution in Boston. Jim Kearns asked if Teran could supply the marijuana. He told Teran that he had been involved in drug trafficking before his incarceration, and that,…