United States v. Freeman

Freeman was charged in Counts 1 and 2 with distribution of 28 grams or more of a mixture containing cocaine base, 21 U.S.C. 841(a)(1); in Count 3, with possession of a firearm as a felon, 18 U.S.C. 922(g)(1); in Count 4, with distribution of marijuana, 21 U.S.C. 841(a)(1); and (Count 5) with possession of a firearm in furtherance of a drug trafficking crime, 18 U.S.C. 924(c)(1)(A). Freeman pled guilty to Counts 1 and 5 and stipulated to possession of a firearm as a convicted felon, the basis of a different indictment. Freeman admitted that he had been selling crack cocaine since 1999 and bought and sold 80 firearms: 40 in 1999-2001 to a high-ranking member Gangster Disciples member and 40 in 2010 to a different member. The court calculated the guidelines range as 140-175 months on Count 1 with the stipulation and 60 months’ consecutive imprisonment on Count 5. After considering the 18 U.S.C. 3553(a) factors, the court imposed a sentence below that range, sentencing Freeman to 132 months’ imprisonment on Count 1 and to 60 months, consecutive, on Count 5. The Seventh Circuit affirmed, rejecting arguments that he should have been sentenced using a 1:1 crack-to-powder ratio instead of the 18:1 ratio encompassed within the Sentencing Guidelines and that the district court relied on its own speculations as to uncharged criminal conduct and erred in allowing its frustration with his litigation tactics to affect his sentence. View "United States v. Freeman" on Justia Law