United States v. Womack

Womack, convicted of distributing more than five grams of crack cocaine, 21 U.S.C. 841(a)(1) and (b)(1)(B), was sentenced to 360 months’ imprisonment. The Seventh Circuit vacated the sentence. On remand the district court imposed the same sentence; the Seventh Circuit again vacated. On second remand, the district court imposed a sentence of 262 months’ imprisonment. The Seventh Circuit affirmed, stating that Womack qualified as a Career Offender based on prior felony convictions, so U.S.S.G. 4B1.1(b)(2) established his offense level at 34. His criminal history category was a 6, so the Sentencing Guidelines recommended a sentence of 262 to 327 months’ imprisonment. The Seventh Circuit affirmed, rejecting arguments in favor of “progressive sentencing” and that Womack’s prior conviction for aggravated discharge of a firearm was not a crime of violence. View "United States v. Womack" on Justia Law