United States District Court, E.D. Wisconsin
ADELMAN District Judge.
STATEMENT OF REASON MEMORANDUM
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).
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.
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
(B) to afford adequate deterrence to criminal conduct;
(C) to protect the public from further crimes of the
(D) to provide the defendant with needed educational or
vocational training, medical care, or other correctional