United States v. Gibbs

Defendant pleaded guilty to possessing cocaine with intent to distribute, 21 U.S.C. 841(a)(1) and (b)(1)(C). Because of the quantity and his criminal history, his guideline sentencing range was 151-188 months and his statutory maximum 240 months. The government recommended, and the court imposed, a 216‐month sentence. The judge generally cited the 18 U.S.C. 3553(a) sentencing factors, calling the defendant “a poster child for being a career offender,” and saying “unfortunately you may be one of those people that will never be able to conform to be a law‐abiding person.” The Seventh Circuit affirmed, stating that, while the sentence lacked sophisticated analysis, “prosecutors as well as the judge are highly experienced, their hunches are likely often to be reliable.” The court suggested that, for the future, consultation with the Sentencing Commission might be a valuable resource. View "United States v. Gibbs" on Justia Law