United States v. Johnson
2011 U.S. App. LEXIS 6213
| 7th Cir. | 2011Background
- Johnson was convicted in the Central District of Illinois of operating a drug trafficking conspiracy and related offenses, including continuing criminal enterprise.
- The district court sentenced Johnson to life imprisonment under the crack/powder cocaine disparity in the Guidelines.
- On direct appeal, we affirmed convictions but reversed the sentence and remanded to address Kimbrough’s guidance on sentencing disparity.
- On remand, the district court again imposed a life sentence and did not recalculate drug quantities.
- Johnson argued the remand permitted relitigation of drug quantity and/or deviations from the crack/powder ratio; the district court disagreed and kept the same calculation.
- We vacate and remand to determine a sentence consistent with the parsimony provision of 18 U.S.C. § 3553(a).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of remand on remandition | Johnson seeks relitigation of drug quantity. | Remand limited to crack/powder disparity; quantities unchanged. | Remand scope limited; quantities not relitigated. |
| Presumption of reasonableness and § 3553(a) | District court cannot presume reasonableness of within-Guidelines sentence without § 3553(a) analysis. | Court may espouse Guideline philosophy but must still apply § 3553(a) factors. | District court failed to show parsimony in the sentence; remand for § 3553(a) analysis. |
| Procedural sufficiency of resentencing | Disparity concerns and Kimbrough analysis justify departure from guidelines. | Congressional action should guide future relief; depart only with proper § 3553(a) consideration. | Procedural error; remand for redetermination under parsimony principle. |
Key Cases Cited
- Kimbrough v. United States, 128 S. Ct. 558 (Supreme Court, 2007) (upheld depart-from-ratio analysis under § 3553(a) when appropriate to case facts)
- United States v. Rollins, 544 F.3d 820 (7th Cir. 2008) (affirmed parsimony-review approach for within-Guidelines sentences)
- United States v. Diaz, 533 F.3d 574 (7th Cir. 2008) (discussed application of § 3553(a) factors and departures)
- United States v. Shannon, 518 F.3d 494 (7th Cir. 2008) (emphasized meaningful consideration of § 3553(a) factors)