U.S. v. Gulley

Federal 7th Circuit Court
Criminal Court
Case Number: 
No. 11-3411
Decision Date: 
June 17, 2013
Federal District: 
C.D. Ill.
Affirmed and vacated in part and remanded
In prosecution on drug distribution charge involving crack cocaine, Dist. Ct. did not commit plain error in admitting testimony regarding uncharged conduct concerning defendant's involvement in drug sales with third-party, even though defendant argued that said evidence merely showed his propensity to commit bad acts. Said evidence was admissible on issue as to whether defendant was aware of third-party’s drug activities, as well as whether defendant had access to crack cocaine to rebut defendant’s argument that he was unaware that clear package that he attributed to said third-party and delivered to informant contained crack cocaine. However, defendant was entitled to new sentencing hearing where: (1) at time of sentencing, Dist. Ct. did not apply Fair Sentencing Act (FSA), which reduced sentencing disparity between crack and powder cocaine; and (2) under Dorsey, 132 S.Ct. 2321, FSA’s statutory penalties applied to defendant’s sentence, even though defendant’s underlying conduct occurred prior to enactment of FSA.