United States v. Taylor

In 2004 Taylor pled guilty to conspiracy to distribute and to possess, with intent to distribute, 392.2 grams of crack cocaine, 21 U.S.C. 841(a)(1), 841(b)(1)(A), and 846. At the time, offenses involving more than 50 grams of crack cocaine, with a defendant, like Taylor, who had a prior conviction for a felony drug offense had a minimum sentence of 20 years, 21 U.S.C. 841(b)(1)(A). The parties agreed that Taylor had a base offense level of 34 and a criminal-history category of VI. The district judge determined that the extent of Taylor’s cooperation justified a reduction of three levels, determined a range of 210–262 months (U.S.S.G. 5A), but rather than using Taylor’s 240-month statutory minimum as the starting point for downward departure, subtracted an additional three levels from Taylor’s base offense level, for a new guidelines range of 151–188 months, and sentenced him to 151 months. Under the 2010 Fair Sentencing Act, 21 U.S.C. 841(b)(1)(A), Taylor was subject to the same statutory minimum. The 2011 crack-cocaine amendments lowered the base offense levels for crack-cocaine offenses and the guideline range to which Taylor would have been subject absent a statutory minimum. Taylor unsuccessfully moved to modify his sentence, 18 U.S.C. 3582(c). The seventh Circuit affirmed. If a defendant received a sentence below his statutory minimum based on substantial assistance and is still subject to the same statutory minimum, later amendment of the guidelines does not lower his “applicable guideline range.” Taylor is subject to the same statutory minimum sentence as in effect at his original sentencing. View "United States v. Taylor" on Justia Law