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United States v. Seay

United States District Court, E.D. Wisconsin

June 23, 2017

UNITED STATES OF AMERICA Plaintiff,
v.
MARVIN SEAY Defendant.

          LYNN ADELMAN District Judge.

          STATEMENT OF REASON MEMORANDUM

         Defendant Marvin Seay pleaded guilty to possession of crack cocaine with intent to distribute, 21 U.S.C. § 841(a)(1) & (b)(1)(C), and I set the case for sentencing. In imposing sentence, the district court must first determine the defendant's imprisonment range under the guidelines, then make an individualized assessment of the appropriate sentence based on the factors set forth in 18 U.S.C. § 3553(a). E.g., United States v. Kappes, 782 F.3d 828, 837 (7thCir. 2015).

         I. GUIDELINE CALCULATION

         Defendant's pre-sentence report (“PSR”) set a base offense level of 22 under U.S.S.G. § 2D1.1(c)(9), based on a relevant conduct drug weight of 22-28 grams of cocaine base. However, the PSR further determined that defendant qualified as a career offender based on two prior drug trafficking convictions, triggering a base level of 32 and criminal history category of VI, U.S.S.G. § 4B1.1(b)(3). Following a 3-level reduction for acceptance of responsibility, U.S.S.G. § 3E1.1, the PSR set a final guideline range of 151-188 months. I adopted these calculations without objection.

         II. SECTION 3553(a)

         A. Sentencing Factors

         Section 3553(a) directs the court to consider:

(1) the nature and circumstances of the offense and the history and characteristics of the defendant;
(2) the need for the sentence imposed-
(A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense;
(B) to afford adequate deterrence to criminal conduct;
(C) to protect the public from further crimes of the defendant; and
(D) to provide the defendant with needed educational or vocational training, medical care, or other correctional ...

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