Sentencing — crack cocaine

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U.S. Court of Appeals for the Seventh Circuit

Criminal

Sentencing — crack cocaine

Where the statutory minimum sentence exceeds the guideline range, the statutory minimum is the applicable guideline range.

“Johnson tries to argue that Poole was superseded by the 2011 amendments to the Sentencing Guidelines, which defined ‘applicable guideline range’ for the first time. He suggests that the definition includes only the criminal history category and offense level calculations, without consideration of any statutory mandatory minimums. But the commentary Johnson points to defines ‘guideline range’ as ‘the range that corresponds to the offense level and criminal history category determined pursuant to § 1B1.1(a).’ U.S.S.G. § 1B1.1 cmt. n.1(A) (emphasis added). Subsection 8 of § 1B1.1(a) directs a sentencing judge to apply parts B through G of Chapter 5 of the guidelines. This includes § 5G1.1, which provides that where a minimum sentence is greater than the guidelines sentence, the minimum sentence becomes the guidelines sentence. The statutory minimum is part of the ‘applicable guideline range.’ Johnson’s argument is a non-starter.”

Affirmed.

13-2732 U.S. v. Johnson

Appeal from the United States District Court for the Central District of Illinois, McDade, J., Kanne, J.