United States v. Pickel

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Justin Pickel was convicted on two counts related to the operation of a marijuana-distribution network centered in Kansas. He was sentenced to 27 months in prison and 10 years of supervised release. The court also imposed a sixteen-million dollar criminal forfeiture money judgment, to be paid jointly and severally by Pickel and his co-defendants. Pickel appealed, arguing: (1) the district court erroneously denied his motion to suppress marijuana found in his truck after a traffic stop; (2) the Government did not present sufficient evidence to establish a single conspiracy and connect him to it; (3) the Government’s failure to establish a single conspiracy led to a prejudicial variance between his superseding indictment and the trial evidence; (4) the Government did not present sufficient evidence to establish that he used a communication facility to facilitate a drug trafficking conviction; (5) his 10-year term of supervised release exceeds the statutory maximum; and (6) the district court violated 21 U.S.C. 853(a) when it imposed joint and several forfeiture liability on him for the value of marijuana attributable to the whole conspiracy. After review, the Tenth Circuit affirmed Pickel’s convictions and term of supervised release, but reversed the forfeiture judgment and remanded for resentencing regarding Pickel’s forfeiture liability. View "United States v. Pickel" on Justia Law