United States v. Hible

Hible was charged with conspiracy involving distribution of cocaine and crack cocaine; distribution of cocaine; and distribution of crack cocaine (21 U.S.C. 841, 846). The government filed notice under 21 U.S.C. 851 that it would seek an enhanced sentence due to Hible’s prior felony drug conviction. The law in effect at the time had a mandatory minimum penalty of 10 years’ imprisonment and a maximum penalty of life imprisonment for a defendant who distributed 5 grams or more of crack cocaine and had a prior felony drug conviction. In January 2011, Hible pleaded guilty distribution of 5 grams or more of crack cocaine, initially asserting that he should be sentenced under the new Fair Sentencing Act of 2010, under which he faced no mandatory minimum term of imprisonment and a maximum term of not more than 30 years, 21 U.S.C. 841(b)(1)(B)(iii), (C). The district court reviewed the presentence report, which recommended an offense level of 39, criminal history category VI, and an advisory range of 360 months to life and imposed a sentence of 240 months. The Seventh Circuit affirmed. Hible waived his right to appeal , having failed to assert any right to be sentenced under the FSA at his sentencing. View "United States v. Hible" on Justia Law