United States v. Jehan

Jehan rose to become one of three “kings” of the Chicago Black Disciples street gang. He provided drugs, meted out punishment, carried firearms, and ordered violence. In 2004, federal authorities charged 47 associates of the Black Disciples. Although aware he had been indicted for conspiracy to distribute cocaine and heroin, 21 U.S.C. 846, 841(a)(1), Jehan remained a fugitive until surrendering in 2008. Jehan pleaded guilty, acknowledging responsibility for at least 1.5 kilograms of crack, 150 kilograms of powder cocaine, and 30 kilograms of heroin. Jehan’s Guidelines sentencing range was life imprisonment. Jehan’s plea agreement provided that, if the government moved for a downward departure for substantial assistance, a 300-month sentence would apply and that Jehan might become eligible for a sentence reduction under FRCP 35(b) if he later assisted the government. The district judge accepted the plea agreement and the government’s motion for a downward departure and sentenced Jehan to 300 months. In 2015, the court granted the government’s motion to reduce Jehan’s sentence for additional assistance, to a new sentence of 240 months. In 2016, Jehan moved to further reduce his sentence under 18 U.S.C. 3582(c)(2), based on Sentencing Guidelines Amendment 782, which lowered the base offense level for most drug crimes. The Seventh Circuit affirmed denial of Jehan’s motion. Jehan’s sentence is based on a binding plea agreement, not on a Guidelines range affected by the Amendment. View "United States v. Jehan" on Justia Law