United States v. Hubbert, No. 20-3110 (7th Cir. 2022)
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Hubbert pleaded guilty to four counts of distributing crack cocaine, 21 U.S.C. 841(a)(1), (b)(1)(B), (b)(1)(C), each reflecting a controlled purchase by a confidential source. The quantities purchased ranged from 12.3 to 49.4 grams. The PSR indicated that Hubbert qualified as a career offender under Sentencing Guidelines 4B1.1(a), based on Hubbert’s state court convictions for aggravated battery, and possession of a controlled substance (cocaine) with intent to deliver. Hubbert’s career offender status dictated that he be placed in a criminal history category VI; his 35 criminal history points independently placed him in the same category. Hubbert argued that his previous conviction for possession with intent to deliver was really part of the same course of drug dealing underlying his current conviction, and was not a “prior” offense and that his criminal history category overstated the seriousness of his record.
The judge rejected his arguments, noting a five-year gap between the state offense and 2016-2017 controlled buys underlying the federal charges; the charges involved different customers, drug types, and amounts. Hubbert was not charged with a conspiracy that might have been broad enough to encompass both sets of charges. His Guidelines sentencing range was 188-235 months. The Seventh Circuit affirmed his 188-month sentence. At age 37, Hubbert has a criminal history that includes 27 convictions as an adult; the judge acted within his ample discretion.
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