United States v. Ruth, No. 20-1034 (7th Cir. 2020)
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Officers executed a search warrant at Ruth’s residence and recovered 2.9 grams of crack cocaine, 5.6 grams of powder cocaine, a counterfeit $100 bill, $2,250 in U.S. currency, and drug paraphernalia. Ruth was charged with possession of a firearm by a felon and possession of cocaine with intent to distribute. The government notified Ruth (21 U.S.C. 851) of intent to rely on his 2006 Illinois conviction for possession of a controlled substance with intent to distribute as a predicate felony drug offense to enhance his statutory maximum sentence from 20 to 30 years’ imprisonment. Ruth eventually pleaded guilty.
The probation officer determined that Ruth was a career offender based on prior felony convictions for controlled substance offenses, U.S.S.G. 4B1.1: the 2006 Illinois cocaine conviction and a 2010 Illinois conviction for possession with intent to deliver cannabis. Ruth’s resulting Guidelines range was 188-235 months. Ruth argued that his 2006 conviction was not a “controlled substance offense” under the Guidelines because the Illinois statute is categorically broader than federal law; it prohibits possession of positional isomers of cocaine whereas the federal Controlled Substances Act does not and its definition of cocaine “analog” was categorically broader than the federal definition of a controlled substance analog. Ruth did not object to the section 851 sentencing enhancement.
The Seventh Circuit vacated Ruth’s 108-month sentence. Using the categorical approach, the overbreadth of the Illinois statute disqualifies his prior conviction as a predicate felony drug offense.
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