Dist. Ct. did not err in imposing series of sentences on several defendants, who pleaded guilty to drug conspiracy and drug distribution charges involving large quantities of drugs, as well as money laundering charges, even though they argued that Dist. Ct. misinterpreted need to avoid unwarranted sentencing disparities under section 3553(a)(6) and failed to adequately consider their arguments on said issue. Dist. Ct. did not misapprehend its discretion under section 3553(a)(6) nor expressly state that section 3553(a)(6) barred consideration of lower sentences given to others, who had initially played roles in charged conspiracy but subsequently left said conspiracy to participate in another drug conspiracy. Also, record showed that Dist. Ct. had properly calculated sentencing guideline range for all defendants and imposed sentences either within or below said ranges. As such, Dist. Ct. had necessarily complied with need to avoid unwarranted sentencing disparities under section 3553(a)(6). Dist. Ct. also, also did not err in failing to apply minor-role reduction under section 3B1.2(b) of USSG as to one defendant, even though said defendant was drug courier for conspiracy, where said defendant transported large quantities of drugs and recruited members into conspiracy. Remand, though, was required with respect to two written conditions of supervised release that were different from conditions orally announced at sentencing hearing. Said written conditions must be modified to reflect what Dist. Ct. had orally announced at sentencing hearing.
Federal 7th Circuit Court
Criminal Court
Sentencing