United States v. Gillam
2010 U.S. Dist. LEXIS 131370
| W.D. Mich. | 2010Background
- Defendant Gillam pled guilty to Count III of an indictment charging crack cocaine offenses and cooperation was promised.
- Fair Sentencing Act (FSA) of 2010 lowered the mandatory minimum from 5 to 28 grams for crack cocaine offenses, affecting potential penalties.
- PSR calculated offense level 19, criminal history 2, creating a 33–41 month guideline range absent the FSA adjustments.
- Government moved for downward departure for substantial cooperation; defendant also moved for downward departure under § 5K1.1 and § 4A1.3.
- Court granted § 5K1.1 and § 4A1.3 motions, reducing adjusted offense level to 17 and criminal history to 1, yielding 24–30 months guidelines range.
- Court sentenced defendant to 18 months’ imprisonment followed by four years of supervised release; Count I was dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Fair Sentencing Act applies to defendants not yet sentenced after its effective date. | Gillam (the government) contends FSA applies to pending cases to reduce penalties. | Gillam argues for retroactive application only when appropriate, but the primary dispute is timing and saving clause issues. | FSA penalties properly applied; amended guidelines apply to pending cases not yet sentenced. |
| Whether the amended crack/powder guidelines should govern this sentencing, given the pre-enactment conduct. | The government seeks application of amended guidelines and reduced penalties for crack offenses. | Defendant argues for application of pre-amendment penalties if required by the statute. | Amended guidelines and reduced penalties apply to this sentencing. |
| Whether the sentence under § 841 after FSA is consistent with 18 U.S.C. § 3553(a). | Sentence should reflect the FSA changes and avoid unwarranted disparities. | Sentence should be within or below the pre-FSA range depending on cooperation and history. | 18-month sentence found sufficient but not greater than necessary in light of 3553(a) factors. |
Key Cases Cited
- Gall v. United States, 552 U.S. 38 (U.S. 2007) (guideline range as starting point in federal sentencing)
- McBride, 434 F.3d 470 (6th Cir. 2006) (guidelines as starting point; consider factors 3553(a))
- Jones, 445 F.3d 865 (6th Cir. 2006) (3553(a) factors guide individualized sentencing)
- Carradine, 621 F.3d 575 (6th Cir. 2010) (addressed retroactivity/application of FSA to pending cases)
- Abbott v. United States, 131 S. Ct. 18 (U.S. 2010) (contextual support for statutory interpretation of amendments)