The opinion of the court was delivered by: McDADE, District Judge.
This case is back before the Court on remand for
resentencing. On July 16, 1990, Judge Richard Mills sentenced
the defendant to 240 months imprisonment having decided an
upward departure was warranted. The trial court initially
determined an adjusted offense level of 24 (26 minus 2 for
acceptance of responsibility) and a criminal history category
of V, yielding a guideline sentencing range of 92-115 months of
imprisonment. The upward departure reflected the Court's
finding that there were aggravating circumstances of a kind and
to a degree not adequately taken into consideration by the
Sentencing Commission in formulating the guidelines.
Additionally, the Court found that the defendant's criminal
history category did not adequately reflect the seriousness of
his past criminal conduct or the likelihood that he will commit
other crimes. Accordingly, the Court found that an increase in
the offense level to 32 and an increase in the criminal history
category to VI were appropriate. This gave a guideline range of
210-262 months; and the defendant was sentenced to 240 months.
United States v. Connor, 743 F. Supp. 582 (C.D.Ill. 1990).
I. STATEMENT OF FACTS*fn1
On December 6, 1988, the defendant met with an undercover FBI
agent at the Ramada Inn in Bloomington, Illinois. The two
struck a deal whereby the defendant agreed to sell the
undercover agent a stolen Simon Willard grandfather clock. The
purchase price was $10,000. The clock was stolen from the
estate of the Woolworth family in Winthrop, Maine, in 1973. Its
current market value is between $15,000-20,000. The defendant
also indicated that he was in the possession of at least 12
Japanese works of art that he would be willing to sell to the
undercover agent. The defendant further stated that he would
contact some of his associates and get them working on
obtaining other stolen items that may be of interest to the
On January 12, 1989, the undercover agent again met with the
defendant in Bloomington. The defendant offered the agent three
paintings that he said had been stolen from the Meade Gallery
at Amherst College, Amherst, Massachusetts. The defendant's
asking price was $60,000, and he stated that the paintings had
a value in excess of $125,000.
Also during this meeting, the defendant and the undercover
agent negotiated for the defendant to supply cocaine to the
agent for distribution in the Bloomington area. The defendant
was to supply two kilos of medium quality cocaine every week
for distribution to the students at the University of Illinois
and one kilo of high grade cocaine every 3 weeks for
distribution to the agent's preferred customers. The defendant
stated that he would have no problem supplying these amounts
once he raised enough capital for the first shipment. The agent
also purchased 100 hits of lysergic acid diethylamide (LSD)
which had a total weight of .562 grams and 93 tylox pills which
contained 29.57 grams of acetaminophen. The purchase price for
these drugs was $1,700.
On January 11, 1989, the defendant transported two stolen
paintings from the State of Kentucky and gave the paintings to
the undercover agent as collateral for a $10,000 loan to the
defendant. The paintings, "St. John the Baptist" by Pieter
Lastman and "Interior of the Nieuwe Kerk, Delft" by Henrick
Cornelisz, were stolen in 1975 from the Meade Art Gallery at
Amherst College. "St. John the Baptist" has a current market
value of $160,000 and "Interior of the Nieuwe Kerk, Delft" has
a current market value of $250,000.
On March 1, 1989, the undercover agent and a confidential
source met with the defendant at the Logan International
Airport in East Boston, Massachusetts. The undercover agent
gave the defendant $24,000 with the understanding that the
money was to be used to purchase cocaine. The defendant stated
that he and the confidential source would fly to Ft.
Lauderdale, Florida, purchase a kilo of cocaine, and deliver it
to the agent in Bloomington, Illinois, the following week.
The defendant and the confidential source proceeded to Ft.
Lauderdale, purchased the cocaine, and returned to Illinois.
The defendant was arrested upon his return. Government agents
seized 950.62 grams of 96% pure cocaine and 5.51 grams of 92%
pure cocaine from the defendant.
After the defendant was arrested and charged, the magistrate
ordered that he be detained pending trial. The defendant was
held in the Menard County Jail in Petersburg, Illinois.
The agents searched the cells of Connor, Prier, and another
prisoner, Michael Wright. The search turned up four hacksaw
blades and a hardbound book containing a hollowed out area in
which the blades could be concealed. The agents also observed
that a four to five inch cut had been made in the steel ceiling
of Prier's cell and that the head of a bolt on an exhaust duct
had been sawed off.
In an effort to apprehend Connor's outside accomplices in the
escape attempt, the agents decided to make it appear as if the
escape had been successful. Thus, at the direction of federal
agents, the confidential informant telephoned Margo Konces in
Massachusetts and identified himself as an inmate who had
escaped with Connor. Konces inquired as to how she could be of
help. Upon being informed that the supposedly escaped prisoners
needed someone to transport them, Konces informed the
confidential informant that she ...