United States v. Whigham, 754 F. Supp. 2d 239

Whigham was charged in a Bromley-Heath cocaine distribution sweep near a public housing project, with counts for three specific deals totaling 4.75 grams and approximately 5.5 additional uncharged deals (relevant conduct totaling about 10.24–10.25 grams).
Whigham, a 46-year-old street dealer with minimal formal employment, lives with his mother, has borderline intellectual functioning, and suffers from long‑standing drug addiction; he has six-figure child support obligations and a history of violence in the community.
He was deemed a career offender under U.S.S.G. § 4B1.1, yielding an unusually high guideline range (188–235 months) due to the career offender provisions, though the court questioned the applicability and fairness of that label given his role and records.
The district court initially calculated guideline ranges at 92–115 months (non-career offender) and 188–235 months (career offender) but expressly found the guideline range should not apply to this case under 18 U.S.C. § 3553(a).
The judge rejected a pure guideline sentence, opting instead for a non-guidelines sentence based on the defendant’s role, mental capacity, and disparities in crack/powder sentencing as analyzed post-Booker.
Whigham received a sentence of 60 months’ imprisonment with six years of supervised release and conditions addressing his mental health and addiction, and visitation restrictions regarding the Bromley Heath project.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Should the crack/powder disparity be applied in this case?	Whigham’s Guideline range is high due to crack guidelines and career offender status.	The 100:1 crack/powder ratio is inappropriate and should be reduced or eliminated under Kimbrough and Spears.	Court adopts 1:1 crack/powder ratio for sentencing considerations.
Is the Guideline range appropriate given Whigham’s role and personal characteristics?	Whigham’s role as a street dealer supports significant weight under Guidelines.	Role adjustments underestimate Whigham’s minimal control, addiction-driven conduct, and marginal profits.	Court rejects strict guideline application; considers Whigham’s role in fashioning a non-guideline sentence.
Should Whigham’s career offender status control the sentence?	Career offender designation mandates substantial punishment given prior offenses.	Career offender provisions are overbroad for low-level drug sellers and distort culpability.	Court finds career offender provisions flawed for Whigham and does not bind the sentence to the higher range.
What is the appropriate sentence under 18 U.S.C. § 3553(a) after departing from the Guidelines?	A longer term is necessary to promote public safety and reflect severity.	A lesser, rehabilitative sentence serves justice given mental deficits, addiction, and community impact.	Court imposes a non-guidelines sentence of 60 months with supervised release and tailored conditions.

Kimbrough v. United States, 552 U.S. 85 (U.S. 2007) (advisory Guidelines; district courts may vary from crack/powder ratio when consistent with 3553(a))
Spears v. United States, 129 S. Ct. 840 (U.S. 2009) (endorses departure from guidelines in policy-disparity contexts)
Garrison, 560 F. Supp. 2d 83 (D. Mass. 2008) (uses comparison to co-defendants to inform sentencing in drug sweeps)
Gully, 619 F. Supp. 2d 633 (N.D. Iowa 2009) (crack/powder disparity; supports 1:1 ratio rationale)
Lewis, 623 F. Supp. 2d 42 (D. Mass. 2009) (eliminates crack/powder disparity; supports non-guideline sentencing for disparities)
Ennis, 468 F. Supp. 2d 228 (D. Mass. 2006) (discusses role adjustments and quantity as proxy for culpability)
Gall v. United States, 552 U.S. 38 (U.S. 2007) (post-Booker purposes of sentencing; de-emphasizes mechanical guideline adherence)
Spears and Kimbrough line of cases cited within opinion, 129 S. Ct. 840; 552 U.S. 85 (2009; 2007) (inform advisory framework and disparity considerations)