433 F.3d 634 (8th Cir. 2006), 04-2000, United States v. Willis

Docket Nº:04-2000.
Citation:433 F.3d 634
Party Name:UNITED STATES of America, Plaintiff--Appellee, v. Dale M. WILLIS, Defendant--Appellant.
Case Date:January 09, 2006
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
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433 F.3d 634 (8th Cir. 2006)

UNITED STATES of America, Plaintiff--Appellee,

v.

Dale M. WILLIS, Defendant--Appellant.

No. 04-2000.

United States Court of Appeals, Eighth Circuit.

January 9, 2006

Submitted: October 13, 2005

Appeal from the United States District Court for the Western District of Missouri.

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Davis A. Kelly, argued, Lee's Summit, MO (Willis L. Toney of Kansas City, MO, on the brief), for appellant.

Wesley Brent Powell, argued, Asst. U.S. Atty., Kansas City, MO, for appellee.

Before LOKEN, Chief Judge, LAY and BENTON, Circuit Judges.

LOKEN, Chief Judge.

Dale Willis pleaded guilty to conspiring to manufacture and distribute crack cocaine in violation of 21 U.S.C. §§ 841 and 846. After an April 2004 sentencing hearing at which the government presented the testimony of five witnesses, the district court1 found that Willis was responsible for the manufacture and distribution of more than 1.5 kilograms of crack cocaine. The court also imposed a four-level enhancement under U.S.S.G. § 3B1. 1(a) because Willis was an organizer or leader of the criminal enterprise. The court sentenced him to 405 months in prison. Willis appeals, arguing that the court erred in calculating drug quantity and in imposing the organizer/leader enhancement. He further argues that these enhancements violated his Sixth Amendment rights, an issue now governed by the Supreme Court's decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). We affirm.

At the sentencing hearing, Detective Don Stanze of the Kansas City Police Department testified that a reliable informer, Andre Jones, told the police that Jerrill Green was selling crack cocaine supplied by Dale Willis. Several undercover purchases from Green followed. During the third purchase, Green took the undercover officer to "his boy's house," 2602 Norton, to get the two ounces of crack being sold. Green went inside the house. Willis arrived and entered a short time later. Green then left the house and delivered crack to the undercover buyer. Based on this information, the police obtained a warrant and searched 2602 Norton, finding firearms, marijuana, 370 grams of crack cocaine, more than one kilogram of powder

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cocaine, and everything needed to cook the powder cocaine into crack.

Andre Jones testified that he bought substantial quantities of crack...

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