United States v. Akridge, No. 21-5803 (6th Cir. 2023)
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In 2001, Akridge was convicted of conspiring to distribute at least 50 grams of crack cocaine; possessing with intent to distribute crack cocaine; possessing a firearm in furtherance of a drug-trafficking crime; and possessing a firearm as a felon. Akridge had prior convictions for aggravated assault and possession of cocaine. He was sentenced as a career offender under U.S.S.G. 4B1.1 based on a then-mandatory Guidelines range of 30 years’ to life imprisonment for his drug-trafficking offenses. Akridge also was subject to a mandatory consecutive 25-year sentence for using a firearm in furtherance of a drug-trafficking crime, since he had a prior conviction under 18 U.S.C. 924(c). The court sentenced Akridge to 55 years’ imprisonment: 30 years for his drug and a consecutive 25-year term.
The 2010 Fair Sentencing Act reduced the sentencing disparity between crack- and powder-cocaine penalties; the 2018 First Step Act made this change retroactive. Akridge sought a sentence reduction, acknowledging that his career-offender designation and corresponding offense level remained unchanged. Proceeding to the 18 U.S.C. 3553(a) factors, the court noted that while Akridge had taken vocational and self-improvement classes, he had also received 11 disciplinary sanctions. Citing Akridge’s post-sentencing misconduct and criminal history, the court declined to reduce his sentence. The Sixth Circuit affirmed, rejecting arguments that the court miscalculated his Guidelines’ range and that its “3553(a) analysis was procedurally incomplete … because it was anchored” to the wrong career-offender range.
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