Appeal from the United States District Court for the Eastern District of Michigan at Detroit.
Nos. 2:16-cr-20414; 2:18-cr-20221—Sean F. Cox, District Judge.
Argued: October 26, 2021
Decided and Filed: January 21, 2022
Before: DAUGHTREY, COLE, and CLAY, Circuit Judges.
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OPINION
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CLAY, Circuit Judge. Defendants Demarco Tempo and Kenneth Sadler challenge the
judgments in their criminal cases after a jury convicted them on various drug, gun, and
obstruction of justice charges. Defendant Demarco Tempo appeals his convictions and sentence
on a drug conspiracy charge under 21 U.S.C. §§ 841(b)(1)(A)–(C), 846; drug possession and
distribution charges under § 841(a)(1), (b)(1)(C); and a drug possession and distribution near a
school charge under §§ 841, 860. Defendant Kenneth Sadler challenges his convictions and
sentence on a drug conspiracy charge under 21 U.S.C. §§ 841(b)(1)(A)–(C), 846; a drug
possession and distribution near a school charge under §§ 841, 860; a felon in possession of a
firearm charge under 18 U.S.C. § 922(g)(1); a conspiracy to obstruct justice charge under
§ 1512(k); and witness tampering charges under § 1512(a)(2)(A). For the reasons discussed
below, we AFFIRM Tempo’s convictions and sentence, AFFIRM Sadler’s convictions, but
VACATE Sadler’s sentence, and REMAND for a new trial on the sole question of whether
Sadler was within the chain of distribution as required before imposing an enhanced sentence
under 21 U.S.C. § 841(b)(1)(C). |