United States v. Waldrip

After leaving rehab, Sweeney asked Wilson if he “wanted to get high one more time.” Wilson agreed and called Waldrip, who supplied the heroin, then left. Sweeney drove Wilson to purchase supplies for injecting heroin. Wilson injected himself and Sweeney. Sweeney passed out, woke up, and told Wilson to take her home. Wilson stayed at Sweeney’s house that night, woke up in withdrawal, stole Sweeney’s belongings, and left. Sweeney’s sister found Sweeney dead. Wilson claimed that Sweeney was alive when he left and agreed to testify that Waldrip sold the heroin. Officers arrested Waldrip after an undercover DEA agent bought heroin from Waldrip three separate times. The government charged Waldrip with distributing heroin to Sweeney and Wilson and three counts of distributing heroin to the agent. 18 U.S.C. 841(a)(1). Waldrip agreed to stipulate that government experts (a pathologist and a forensic toxicologist) would testify that, but for her use of heroin right before her death, Sweeney would not have died. The jury convicted Waldrip of selling the heroin that caused Sweeney’s death. Section 841(b)(1)(C) imposes a 20‐year mandatory‐minimum sentence on one who distributes a controlled substance and “death … results from the use of such substance.” The Seventh Circuit affirmed Waldrip’s 280-month sentence, rejecting arguments that the government provided insufficient evidence to prove that the heroin was a but‐for cause of death, that section 841(b)(1)(C) is unconstitutionally vague, and that the 280‐month sentence violated the Eighth Amendment’s proportionality requirement. View "United States v. Waldrip" on Justia Law