United States v. Holman, No. 15-3414 (7th Cir. 2016)
Annotate this CaseHolman used heroin to manage pain associated with rheumatoid arthritis. She became addicted and became a dealer. In 2012, Henschel died of a heroin overdose. Wisconsin law enforcement discovered Holman’s heroin distribution ring; a co-conspirator had provided Henschel with heroin on the day she died. Agents conducted a controlled purchase from Holman. Holman was charged with participating in a drug conspiracy, which caused a death, 21 U.S.C. 846, 841(a)(1), (b)(1)(A), (b)(1)(C). The government later dropped the causing-death element. Holman pled guilty. At sentencing hearing, the court accounted for downward adjustments under the “safety valve” provision of U.S.S.G. 5C1.2 and for acceptance of responsibility, calculated Holman’s Guidelines range as 57-71 months, found that range higher than necessary, and sentenced Holman to 36 months. While her appeal was pending, the district court found the government’s evidence insufficient to prove that Holman’s co-conspirator’s heroin actually caused Henschel’s overdose. The Seventh Circuit remanded for redetermination of Holman’s sentence without consideration of the death. At resentencing Holman asked for probation, noting that she had entered a drug treatment program and had not relapsed. The court considered the 18 U.S.C. 3553(a) factors and imposed a 33-month prison sentence, agreeing that she should be eligible for the prison’s residential drug treatment program. The court declined to impose a sentence of probation, noting the need for deterrence and her potential for relapse if returned to the community. The Seventh Circuit affirmed, rejecting an argument that the court lengthened the sentence to promote rehabilitation.
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