United States v. Robinson

Officers obtained a search warrant for Robinson’s Ohio apartment after observing him sell drugs outside and making controlled buys from him. When the officers arrived to execute the warrant, Robinson fled and was chased, tackled, and subdued. Police then seized fentanyl, marijuana, and methamphetamine, plus three scales, a blender, packaging materials, three cell phones, and a bag of needles, from the apartment. Two women and a young child were present during the search. Robinson pleaded guilty to possession with intent to distribute fentanyl, 21 U.S.C. 841(a)(1) and (b)(1)(C). His pre-sentence report calculated a total offense level of 19. Because Robinson’s criminal history spanned 19 years and yielded a total score of 26, he was assigned to Criminal History Category VI. Robinson faced a statutory maximum of 20 years in prison, but his advisory Guidelines range was 63-78 months. The district court sentenced Robinson to 118 months, invoking its discretion to increase a sentence based on the 18 U.S.C. 3553(a) sentencing factors rather than a specific Guidelines provision. Robinson argued that the court gave excessive weight to certain factors including his continued drug use and recidivism, and to the community-wide harm caused by the opioid epidemic. The Sixth Circuit affirmed the sentence. The district court was not indifferent to the sympathetic aspects of Robinson's personal history. View "United States v. Robinson" on Justia Law