United States First Circuit

Sentence of ninety-two months' incarceration imposed on defendant after his guilty plea to four crack cocaine offenses is affirmed over claims of error that: 1) the district court miscalculated defendant's criminal history category (CHC) and, consequently, defendant's Guidelines sentencing range (GSR) by improperly assigning defendant criminal history points for two prior juvenile offense; 2) the district court misunderstood its authority to vary from the GSR in light of the sentencing disparity between crack and powder cocaine under Kimbrough v. US; and 3) sentence was not substantively reasonable because the district court did not properly account for the crack/powder sentencing disparity or his history of mental illness under the sentencing factors listed in 18 U.S.C. section 3553(a).

Appellate Information

• Decided 01/16/2009
• Published 01/16/2009

Judges

Court

• United States First Circuit

Counsel