United States v. Bostock

Bostock pleaded guilty to distributing methamphetamine and was sentenced to 125 months’ imprisonment. The Seventh Circuit affirmed. The statute distinguishes by purity in setting minimum and maximum sentences, 21 U.S.C. 841(b)(1)(A)(viii). The Sentencing Guidelines drug quantity table, U.S.S.G. 2D1.1(c), similarly distinguishes among “Methamphetamine”, “Methamphetamine (actual)”, and “Ice”. Bostock conceded distributing 63.8 grams of ice. Given his criminal history, the Guidelines recommended a sentencing range of 130-162 months’ imprisonment. Bostock argued that the judge should have proceeded as if he had sold 64 grams of “methamphetamine” rather than 64 grams of “ice,” for a recommended range of 77-96 months. The court rejected arguments that the distinction between “methamphetamine” and “ice” or “methamphetamine (actual),” is outmoded because most sellers have higher-purity products and that the distinction never had a sound empirical footing. A judge is not required even to articulate a reason for sticking with the Guidelines. The 10-to-1 ratio between “ice” and “methamphetamine” does not denigrate from marginal punishment for more serious criminals. There is no problem with holding Bostock, who did not receive a supervisory enhancement, responsible for the amount or purity of the drug he distributed. In addition, the judge found Bostock undeterrable; Bostock was fortunate, given the judge’s observations, that his sentence is below the USSG range. View "United States v. Bostock" on Justia Law