CLEVELAND, OH – The U.S. Court of Appeals for the Sixth Circuit has affirmed the 97-month prison sentence of Richard Confer, who pleaded guilty to two counts of methamphetamine distribution in the Northern District of Ohio.
According to court documents, Confer was arrested in 2023 after authorities conducted two controlled drug buys using a confidential informant at his home. A third incident was observed during surveillance, where an individual admitted to purchasing meth from Confer just minutes prior.
Confer challenged the application of a two-level sentencing enhancement for maintaining a drug premises, arguing that drug sales at his home were incidental. The court disagreed, citing evidence that Confer stored bulk quantities of methamphetamine in his residence and used a digital scale to portion out sales, determining that drug distribution was a primary use of the property.
The Sixth Circuit also rejected Confer’s claim that the U.S. Sentencing Guidelines unfairly treat pure methamphetamine more severely than mixed forms. The district court had considered this argument but found the policy distinction appropriate and instead imposed a below-guidelines sentence due to data showing similarly situated defendants received an average of 86 months.
The appellate court concluded the sentence was both procedurally and substantively reasonable, noting that the district judge weighed the sentencing factors and acted within discretion. Confer’s recommended guideline range had been 108–135 months.
