United States v. Hogsett, No. 19-3465 (7th Cir. 2020)Annotate this Case
During a 2005 traffic stop, officers searched Hogsett’s vehicle and discovered crack cocaine and a firearm. A jury convicted Hogsett of being a felon in possession of a firearm, 18 U.S.C. 922(g)(1), possessing with intent to distribute 0.5 grams of a mixture or substance containing cocaine base, 21 U.S.C. 841(a)(1), (b)(1)(C), and possessing a firearm during and in relation to a drug-trafficking crime, 18 U.S.C. 924(c)(1). The court found that Hogsett’s relevant conduct was approximately 21.5 grams of crack cocaine (0.5 grams from the vehicle search and 21 grams from prior, noncharged instances of trafficking) and sentenced him to 355 months’ imprisonment: 295 months on Count 1, 240 months concurrently on Count 2, and 60 months consecutively on Count 3. The Fair Sentencing Act of 2010 subsequently reduced the crack-to-powder penalty disparity from 100:1 to 18:1; Congress made this reduction retroactive in the First Step Act of 2018, permitting district courts to reduce the sentences of defendants convicted of a “covered offense” before August 3, 2010.
In 2019, Hogsett sought resentencing. The district court denied his motion. The Seventh Circuit reversed, finding that possession with intent to distribute crack cocaine under 21 U.S.C. 841(a)(1), (b)(1)(C) is a covered offense.
The court issued a subsequent related opinion or order on June 17, 2021.