United States v. Marmion

Marmion and three co-defendants pleaded guilty to conspiracy to manufacture methamphetamine. Marmion’s codefendants received lengthy sentences (63 months, 144 months, and 168 months). Marmion aced a statutory minimum of 120 months’ imprisonment and a guidelines range of 121-151 months but had provided substantial assistance and successfully completed a Pretrial Alternatives to Detention Initiative. The court sentenced him to 174 days’ time served and 10 years’ supervised release. Two and a half years later, Marmion’s probation officer petitioned to revoke his supervised release for possessing methamphetamine, failing a drug test, and admitting the recent use of methamphetamine. At the hearing, Marmion admitted that he had used methamphetamine 10 times within the previous six months. Based on his Grade B violation and criminal history category of III, the judge calculated a maximum term of 60 months’ imprisonment, with a recommended range of 8-14 months. Sentencing Marmion to 35 months’ imprisonment with no additional supervised release, the judge cited a policy statement that advises that upon revocation “an upward departure may be warranted” if the defendant’s “original sentence was the result of a downward departure,” U.S.S.G. 7B1.4, and the sentences of Marmion’s codefendants. The Seventh Circuit affirmed. The judge properly considered the Guidelines, the sentencing of co-defendants, and other factors. View "United States v. Marmion" on Justia Law