United States Court of Appeals, District of Columbia Circuit
Argued November 13, 2013.
Petition for certiorari filed at, 05/06/2014
[Copyrighted Material Omitted]
Appeals from the United States District Court for the District of Columbia. (No. 1:05-cr-00100-16).
Stephen C. Leckar, appointed by the court, argued the cause and filed the joint brief for appellant Antwuan Ball.
Anthony D. Martin, appointed by the court, argued the cause and filed the joint brief for appellant Joseph Jones.
Jonathan Zucker, appointed by the court, argued the cause and filed the joint brief for appellant Desmond Thurston.
Jeffrey T. Green, Timothy O'Toole, and Arthur B. Spitzer were on the brief for amici curiae The National Association of Criminal Defense Lawyers, et al. in support of appellants.
Stratton C. Strand, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Ronald C. Machen Jr., U.S. Attorney, and Elizabeth Trosman, Assistant U.S. Attorney.
Before: GRIFFITH and KAVANAUGH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.
Griffith, Circuit Judge:
Following a lengthy trial, a jury convicted Joseph Jones, Desmond Thurston, and Antwuan Ball of distributing small quantities of crack cocaine, but acquitted them of conspiracy to distribute drugs. At sentencing, the district court nevertheless found that all three defendants had engaged in the charged conspiracy and, based largely on that finding, sentenced them to terms of imprisonment ranging from fifteen to nearly nineteen years. They now appeal, arguing that their sentences were procedurally and substantively unreasonable and were unconstitutionally predicated upon acquitted ...