United States v. Armand, No. 16-2991 (7th Cir. 2017)Annotate this Case
On remand, court was entitled to rely upon the record established at the original sentencing concerning the Guidelines range.
Armand pleaded guilty to distributing crack and powder cocaine, 21 U.S.C. 841(a)(1). Applying Amendment 782 decreased the total offense level, for a Guidelines range of 84-105 months. At his hearing, Armand repeatedly acknowledged that Guidelines range, but contended that the court should depart downward to impose a sentence that would apply if the crack and powder cocaine Guidelines reflected a one-to-one ratio; the court declined and imposed a sentence of 108 months’ imprisonment. On remand for resentencing, Armand did not dispute that range, but reiterated his argument regarding the sentencing disparity and his mitigation arguments. The court discussed the sentencing factors of 18 U.S.C. 3553(a) and sentenced Armand to 104 months’ imprisonment, recognizing efforts Armand undertook to improve his life while imprisoned. The court expressed skepticism that mental health treatment and his age would lower his risk of recidivism. The court also stated that its position on the crack cocaine Guidelines had not changed since the original sentencing hearing, and declined to decrease the ratio. The Seventh Circuit affirmed. The court was entitled to rely upon the record established at the original sentencing.