United States v. Junius, No. 22-2208 (3d Cir. 2023)
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Coach and Junius were involved in a drug distribution operation in North Philadelphia from 1992-2001. Coach was head of the operation and engaged in multiple acts of violence, including several homicides. Junius engaged in long-term drug distribution and acts of violence, including homicides. In 2003, Coach pled guilty to possession with intent to distribute more than 50 grams of cocaine base, 21 U.S.C. 841(a)(1) and (b)(1)(A) and intentional killing in furtherance of a continuing criminal enterprise (CCE), section 848(e)(1)(A), plus other counts. Junius pled guilty to conspiracy to distribute more than 50 grams of cocaine base section 846, and intentional killing in furtherance of a CCE. The court sentenced Coach to 60 years and Junius to 40 years and denied all motions to correct the sentence under 28 U.S.C. 2255, for compassionate release, and for sentence reduction under the First Step Act, 132 Stat. 5194.
The Third Circuit affirmed the denial of their First Step Act motions. A conviction under 21 U.S.C. 848(e)(1)(A) for murder in furtherance of a CCE is not a “covered offense” under the First Step Act. The sentences on the defendants’ separate offenses are to run concurrently; each defendant’s drug-related murder sentence could be treated discretely, so the sentencing package doctrine does not apply.
The court issued a subsequent related opinion or order on November 27, 2023.
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