United States v. Purnell, No. 12-1283 (7th Cir. 2012)
Annotate this CasePurnell sold crack cocaine to an undercover agent (27 to 61 grams) on three occasions. During one transaction, Purnell revealed a pistol. In 2007, he pled guilty to distributing crack cocaine in excess of five grams, 21 U.S.C. 841(a)(1), and knowingly carrying a firearm in furtherance of a drug trafficking crime, 18 U.S.C. 924(c)(1)(A). With a prior drug distribution felony, he was facing a mandatory minimum sentence of 20 years, but was sentenced to only 78 months. Under the agreement, the government dismissed two charges for distributing more than 50 grams, which carried ten-year mandatory minimum sentences; agreed not to seek the prior offender sentence enhancement (21 U.S.C. 851(a)(1)(A)), and agreed to move for a reduction in Purnell’s guideline offense level for acceptance of responsibility. Purnell waived his right to appeal or collaterally attack his sentence, except on grounds that the waiver was involuntary or defective for ineffective assistance. Purnell later sought a reduction in his sentence for crack cocaine distribution in light of the retroactive 2011 reductions to the sentencing guideline ranges, 18 U.S.C. 3582(c)(2). The district court denied relief. The Seventh Circuit affirmed, upholding the court’s consideration of specific instances of false statements Purnell made to the court.
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