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10-2450 U.S. v. Curtis Appeal from the United States District Court for the Northern District of Illinois, Reinhard, J., Tinder, J.

By: WISCONSIN LAW JOURNAL STAFF//July 13, 2011//

10-2450 U.S. v. Curtis Appeal from the United States District Court for the Northern District of Illinois, Reinhard, J., Tinder, J.

By: WISCONSIN LAW JOURNAL STAFF//July 13, 2011//

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Sentencing
Crack cocaine

Where a crack cocaine defendant had a long history of violent crime, it was not unreasonable for the district court not to give him a below-guideline sentence to remedy the crack/powder cocaine disparity.

“We presume that a sentence within or below a properly calculated guideline range is reasonable. United States v. Liddell, 543 F.3d 877, 885 (7th Cir. 2008). We do not find that the district court abused its discretion in sentencing Curtis. The district court considered, and rejected, Curtis’s arguments regarding the crack/powder disparity and that he was merely a low-level distributor because of his criminal history. Curtis asserted at oral argument that the district court erred in finding that Curtis had an extensive criminal record. We disagree. The district court relied on Curtis’s conviction for distribution of a controlled substance and that he had been in ‘serious trouble’ since the age of 12. The court also relied on Curtis’s conviction for the above-discussed crime involving ‘violence and firearms’ and his probation and parole violations. The court noted that Curtis committed this immediate offense within a year of being released from his state court conviction and that his return to ‘a lifestyle of committing criminal offenses’ made him ‘a danger to society’ and that deterrence was necessary to prevent further criminal conduct. The district court justified its finding that Curtis had an extensive criminal record and did not abuse its discretion in finding that this record weighed against a downward variance despite the disparity and his alleged low-level distributor status. We will not disturb the district court’s use of its discretion.”

Affirmed.

10-2450 U.S. v. Curtis  Appeal from the United States District Court for the Northern District of Illinois, Reinhard, J., Tinder, J.

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