United States v. Judge, No. 09-2624 (6th Cir. 2011)
Annotate this CaseDefendant entered a plea of guilty to charges of conspiracy to distribute the drug ecstacy, (21 U.S.C. 841(a)(1) and 846) and, after the court granted a 24-month downward variance for his cooperation with the government, was sentenced to 71 months in prison. The Sixth Circuit affirmed. The district court adequately considered mitigating arguments and did not improperly consider the possibility of future sentence relief under Rule 35 of the Federal Rules of Criminal Procedure. The court is not required to respond to every argument and adequately acknowledged that defendant ended his criminal conduct on his own, apparently wants to be a successful, law-abiding citizen, and requested a facility with a substance-abuse program. The district court would have erred had it imposed a higher sentence than merited at the time of sentencing because of the possibility of future cooperation and a future Rule 35(b) motion, but the record did not clearly reflect that the court committed such an error.
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