United States v. Spiller, No. 13-1459 (7th Cir. 2013)
Annotate this CaseIn 1989, Spiller, age 12, was found delinquent for attempted criminal sexual assault. He was convicted of aggravated battery with a firearm and aggravated discharge of a firearm in 1995. In 2005, while on parole, Spiller was convicted of aggravated battery of a police officer. He was convicted of possession of heroin in 2006 and of possession of a controlled substance stemming from two arrests in 2007. In 2011, he was charged with two counts of distributing more than 28 grams of cocaine base, 21 U.S.C. 841(a)(1) and selling a loaded firearm to a felon, 18 U.S.C. 922(d)(1). The government sought increased punishment under 21 U.S.C. 851(a) based on the prior drug convictions. Spiller pleaded guilty. The presentence report applied the career offender Guideline 4B1.1, which, with the 851 recidivism enhancement, resulted in a Guidelines range of 262 to 327 months’ imprisonment. Spiller’s counsel argued that the 851 enhancement unreasonably inflated the range, resulting in an unwarranted sentencing disparity. The district court sentenced Spiller to 240 months’ imprisonment. The district court stated that “I am not saying [the 851 enhancement] does not impact [the sentence], but the sentence ... is below the Guidelines, it is what I think is called for in this case … given all of the criteria of 3553 and all of the circumstances.” The Seventh Circuit affirmed.
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