United States v. Mario Lomax
2013 U.S. App. LEXIS 6556
| 7th Cir. | 2013Background
- Lomax pleaded guilty in 2008 to distributing crack cocaine under 21 U.S.C. § 841(a)(1).
- By sentencing in 2011, the Fair Sentencing Act of 2010 altered penalties for crack offenses.
- The district court assumed pre-FSA ranges and declined to apply the FSA, imposing a below-guidelines sentence of 188 months.
- The government and Lomax appealed; the Seventh Circuit agreed the FSA should apply and that remand was appropriate.
- The record is incomplete on whether a § 851 recidivism enhancement applied and whether it controlled the sentencing range.
- On remand, the court must resolve whether Lomax is subject to § 851 and reassess the guidelines accordingly.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the FSA applies to Lomax upon remand. | United States argues FSA retroactively applies to post-enactment sentencing. | Lomax argues for FSA-based lower penalties on remand. | Remand to apply the FSA. |
| Whether § 851 enhancement affected the sentencing range. | United States contends the enhancement may not have been excluded and should set the range. | Lomax contends § 851 did not apply or was not addressed. | Remand required to resolve § 851 applicability. |
| Whether drug-quantity calculations properly included relevant conduct and uncharged transactions. | United States asserts ongoing drug-transaction conduct can be counted. | Lomax argues only charged conduct should count. | Court must consider relevant conduct; quantity supports higher base offense level. |
| Whether the career-offender guidelines or quantity-based calculations govern the final range. | United States argues for the maximum pre-FSA range based on quantity and career-offender status. | Lomax argues misapplication of career-offender vs. quantity-based range after FSA. | Remand to recalculate under correct framework. |
Key Cases Cited
- Dorsey v. United States, 132 S. Ct. 2321 (2012) (FSA retroactivity applies after enactment (sentencing post-FSA))
- United States v. Fisher, 635 F.3d 336 (7th Cir. 2011) (Pre-FSA reasoning rejected post-Dorsey)
- United States v. Love, 680 F.3d 994 (7th Cir. 2012) (Remand when guidelines calculation changes under FSA)
- United States v. Stephenson, 557 F.3d 449 (7th Cir. 2009) (Relevant conduct includes ongoing series of offenses)
- United States v. Farmer, 543 F.3d 363 (7th Cir. 2008) (Relevant conduct doctrine for offense conduct)
- United States v. White, 519 F.3d 342 (7th Cir. 2008) (Relevant conduct included in drug-quantity calculations)
- United States v. Wilson, 502 F.3d 718 (7th Cir. 2007) (Guideline calculations and contemporaneous conduct)