United States v. Miedzianowski, No. 21-2358 (7th Cir. 2023)
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Chicago police officer Miedzianowski was convicted of conspiring to participate in racketeering activity from 1985-1998, conspiring to distribute and to possess with intent to distribute more than 5 kilograms of cocaine, more than 50 grams of cocaine base, and unspecified quantities of heroin and marijuana, conspiring to commit extortion, using and carrying a firearm during and in relation to a violent or drug-trafficking crime, distributing cocaine and cocaine base, wire fraud, possessing stolen ammunition, possessing a dangerous weapon, and possessing cocaine with intent to distribute. He was sentenced to life in prison.
Miedzianowski moved to reduce his sentence after the 2018 First Step Act made retroactive the lower penalties enacted in the Fair Sentencing Act, to reduce the disparities between sentences for crack-cocaine and powder-cocaine offenses. If a defendant is eligible for relief because he could have received a lower sentence had the Act been in effect at the time of the crimes, the court must exercise its discretion and weigh the sentencing factors of 18 U.S.C. 3553(a). Miedzianowski was eligible for relief. The Act modified the penalty for conspiring to distribute crack.
Miedzianowski cited his post-sentencing conduct, advanced age, and family support and argued that his sentence was greater than those of co-defendants. The district court acknowledged those factors but concluded that they did not outweigh the need for general deterrence, the seriousness of his crimes, misusing his status as a police officer, perjuring himself, and threatening witnesses. The Seventh Circuit affirmed the denial of relief. The court sufficiently addressed Miedzianowski’s arguments and did not abuse its discretion.
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