United States v. Hakeem Smith
2013 U.S. App. LEXIS 14189
| 7th Cir. | 2013Background
- Smith pleaded guilty to distributing and possessing with intent to distribute crack cocaine and received a 151-month sentence as a career offender.
- Career-offender status arose from two prior aggravated fleeing convictions and a plea to controlled-substance offenses, yielding a total offense level of 29 and a VI criminal history.
- Without objecting to the PSR, Smith sought a below-guidelines sentence (60 months) and argued the career-offender guidelines lack empirical basis and overstate his offense and history.
- The district court adopted the PSR calculations and sentenced Smith to 151 months, citing serious past violence, risk to the public, and mental-health issues.
- On appeal, Smith challenges substantive reasonableness, asserting the within-guidelines presumption may be rebutted because the career-offender guideline is congressionally mandated rather than empirically derived.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Presumption of reasonableness governs? | Smith argues Rita’s presumption fails for non-empirical guidelines. | Smith contends Congress-mandated guidelines lack empirical base; presumption should not apply. | Presumption applies; within-guidelines sentence presumed reasonable. |
| Career-offender rationale without empirical basis | Career-offender guideline not empirically developed undermines Rita. | Congressional judgment sustains presumption; Commissioner’s role still valid. | Congressional determination supports presumption; not rebutted on empirical basis. |
| Weight given § 3553(a) factors | Court overemphasized public-protection factors despite youth and mental illness. | District court has wide discretion to weigh § 3553(a) factors. | District court reasonably weighed factors; within-range sentence sustained. |
Key Cases Cited
- Rita v. United States, 551 U.S. 338 (U.S. 2007) (presumption of reasonableness for within-guidelines sentences)
- Schuster, 706 F.3d 800 (7th Cir. 2013) (rejects requiring empirical basis for presumption under Rita)
- Reibel, 688 F.3d 868 (7th Cir. 2012) (presumption applies despite non-empirical guidelines)
- Kiderlen, 569 F.3d 358 (8th Cir. 2009) (presumption intact when sentencing aligns with Congressional view)
- Kirchhof, 505 F.3d 409 (6th Cir. 2007) (Congress controls sentencing limits; defer to congressional judgments)
- Mondragon-Santiago, 564 F.3d 357 (5th Cir. 2009) (presumption remains where sentence matches Congress’s judgment)
- Coleman, 635 F.3d 380 (8th Cir. 2011) (presumption applies when sentence agrees with Congress’s view)
- James v. United States, 550 U.S. 192 (U.S. 2007) (Commission’s empirical approach informs but Congress controls guidelines)