United States v. Freeman D. Carter, A/K/A Daniel Brady, James Patrick Daly, and William Carson

I dissent from Parts I and III of the majority opinion. First, the sentencing proceedings in this case raise the unrebutted inference that the district court abused its sentencing power by penalizing Carter, Daly and Carson for rejecting a plea agreement and standing on their right to trial. Therefore, under our clear precedent, we should reverse and remand for resentencing. Second, the charging scheme in this case is multiplieitous. As the government has chosen to organize the acts for charging purposes, Counts III to VI, each of which alleges a number of shipments to Chicago, constitute a…