United States v. Rose

379 F. Supp. 3d 223
CourtDistrict Court, S.D. Illinois
DecidedMay 24, 2019
Docket03-CR-1501 (VEC)
StatusPublished
Cited by21 cases

This text of 379 F. Supp. 3d 223 (United States v. Rose) is published on Counsel Stack Legal Research, covering District Court, S.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Rose, 379 F. Supp. 3d 223 (S.D. Ill. 2019).

Opinion

VALERIE CAPRONI, United States District Judge

Defendants Jason Rose and Junior Robinson have each moved for a reduced sentence under the First Step Act of 2018 (hereinafter "First Step Act"). Pub. L. No. 115-391, 132 Stat. 5194 (2018). Most relevant here, Section 404 of the First Step Act makes retroactive certain provisions of the Fair Sentencing Act of 2010 (hereinafter "Fair Sentencing Act") and empowers district courts to "impose a reduced sentence" as if the Fair Sentencing Act had been in effect at the time of the defendant's offense. Under the First Step Act, the district court must first determine a defendant's eligibility for relief and then decide whether a reduced sentence is appropriate. What the district court may appropriately consider when imposing a reduced *226sentence presents an unsettled question of law. This Court concludes that both Defendants are eligible for relief under the First Step Act and that the Court may appropriately consider post-sentencing factual developments using the framework established in 18 U.S.C. § 3553(a).

I. BACKGROUND

Defendants Jason Rose and Junior Robinson were each sentenced to a mandatory minimum sentence of twenty-five years' imprisonment after being convicted at trial in 2005. Dkts. 231, 242. They were each convicted of conspiracy to distribute 50 grams or more of crack cocaine in violation of 21 U.S.C. §§ 846, 841(a)(1), and 841(b)(1)(A), Dkt. 109 at 1-3, 14,1 and of possession of a firearm in relation to a drug-trafficking offense in violation of 18 U.S.C. § 924(c), Dkt. 109 at 14-15.

Based on the version of the Controlled Substances Act in effect when Defendants were sentenced, distribution of 50 grams or more of crack cocaine (cocaine base) carried a mandatory minimum sentence of ten years. 21 U.S.C. § 841(b)(1)(A) (effective November 2, 2002 to March 8, 2006). For defendants like Mr. Rose and Mr. Robinson, each of whom had a prior felony drug conviction, the mandatory minimum doubled to twenty years. Id. ("If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment which may not be less than 20 years."). In addition, the firearms offense carried a mandatory consecutive sentence of not less than five years, bringing the aggregate minimum to twenty-five years. 18 U.S.C. § 924(c)(1)(A) ("[A]ny person who, during and in relation to any ... drug trafficking crime ... for which the person may be prosecuted in a court of the United States, uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime ... be sentenced to a term of imprisonment of not less than 5 years.").

The Honorable Shira Scheindlin, who was originally assigned to this case, sentenced both Mr. Robinson and Mr. Rose to the twenty-five year mandatory minimum sentence. Dkts. 231, 242. For purposes of calculating Defendants' sentencing ranges under the advisory United States Sentencing Guidelines, Judge Scheindlin found by a preponderance of the evidence that both Defendants were responsible for conspiring to distribute 1.5 kilograms of crack cocaine. Robinson Sentencing Tr. at 13; Rose Sentencing Tr. at 11-12.

In response to substantial public opinion that the disparities in the statutory penalties imposed for offenses involving powder cocaine and crack cocaine were fundamentally unfair, in 2010, Congress passed the Fair Sentencing Act. Pub. L. 111-220, 124 Stat. 2372 (2010). The Fair Sentencing Act reduced, but did not entirely eliminate, those disparities by increasing the drug quantities triggering mandatory minimums for crack offenses "from 5 grams to 28 grams in respect to the 5-year minimum and from 50 grams to 280 grams in respect to the 10-year minimum." Dorsey v. United States , 567 U.S. 260, 269, 132 S.Ct. 2321, 183 L.Ed.2d 250 (2012). This had the effect of reducing the powder-to-crack ratio from 100-to-1 to 18-to-1. Id. at 269, 132 S.Ct. 2321.

The Fair Sentencing Act took effect on August 3, 2010, and applied only to sentences imposed thereafter.

*227Id. at 264, 132 S.Ct. 2321. Had the Fair Sentencing Act been in effect at the time Defendants' sentences were imposed, 50 grams of crack cocaine-the amount for which the jury found each Defendant responsible beyond a reasonable doubt-would have triggered the 5-year minimum, rather than the 10-year minimum.2 That five-year minimum would also have been doubled for these Defendants because they both had a prior felony drug conviction. See 21 U.S.C. § 841(b)(1)(A)-(B).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Antonio Soul Gonzalez
9 F.4th 1327 (Eleventh Circuit, 2021)
United States v. Moyhernandez
5 F.4th 195 (Second Circuit, 2021)
United States v. Concepcion
991 F.3d 279 (First Circuit, 2021)
United States v. Smith
District of Columbia, 2020
United States v. Jamel Easter
975 F.3d 318 (Third Circuit, 2020)
United States v. Thomas
Second Circuit, 2020
United States v. Lawrence
District of Columbia, 2020
Estabrook v. Warden
D. Minnesota, 2020
United States v. Steven Jones
962 F.3d 1290 (Eleventh Circuit, 2020)
United States v. Thomas Johnson
Eleventh Circuit, 2020
United States v. Alfonso Allen
Eleventh Circuit, 2020
United States v. Benjamin Foreman
958 F.3d 506 (Sixth Circuit, 2020)
United States v. John Allen
956 F.3d 355 (Sixth Circuit, 2020)
Bryant v. United States
S.D. New York, 2020
United States v. Odis Jackson
945 F.3d 315 (Fifth Circuit, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
379 F. Supp. 3d 223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-rose-ilsd-2019.