United States Seventh Circuit

District court had discretion to decline sentence reduction of sixty-year-old defendant under 18 USC 841(b)(1)(A)(viii) following his conviction for possession of narcotics with intent to distribute in violation of 18 USC 846, and defendant's claims of drug dependence and abuse are not a basis for downward departure under USSG 5H.4.

Appellate Information

• Decided 02/16/2001
• Published 02/16/2001

Judges

• CUDAHY, Circuit Judge., Before CUDAHY, KANNE, and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Stuart J. Chanen (submitted), Office of the U.S. Attorney, Criminal Appellate Division, Chicago, IL, for plaintiff-appellee., Daniel G. Martin (submitted), Office of the Federal Defender Program, Chicago, IL, for defendant-appellant.