United States v. Clayton, No. 15-2553 (7th Cir. 2016)
Annotate this CaseClayton and his associates sold drugs and laundered the proceeds for at least two years. He pled guilty to conspiracy to possess with intent to distribute five kilograms or more of cocaine and heroin, 21 U.S.C. 841(a)(1), 846, and conspiracy to launder money, 18 U.S.C. 1956. Using the 2013 Sentencing Guidelines, the court found Clayton responsible for at least five kilograms of cocaine and one kilogram of heroin, and calculated a base offense level of 32. The district court added four levels for Clayton’s aggravating role as an organizer or leader and subtracted three levels because Clayton accepted responsibility. Clayton’s guideline imprisonment range was 135 to 168 months. The court sentenced Clayton to 91 months in prison. Aware that proposed changes to the Guidelines would drop the low end of his range to 108 months, the court stated that even “if there was a change, this [91‐month] sentence would still be the appropriate sentence.” Amendment 782, which is retroactive, subsequently reduced the offense levels assigned to Clayton’s drug quantities. Clayton moved for a sentence reduction under 18 U.S.C. 3582(c)(2). The Seventh Circuit affirmed denial of Clayton’s request, citing “the severity of the offense, the Court’s original below‐guideline sentence and its rationale in imposing such sentence.”
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