Sentencing Guidelines

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7^th Circuit Court of Appeals

Case Name: United States of America v. Maurice Collins

Case No.: 15-1998

Officials: FLAUM, EASTERBROOK, and HAMILTON, Circuit Judges.

Focus: Sentencing Guidelines

Maurice Collins pled guilty to distributing cocaine and at least 28 grams of crack cocaine in violation of 21 U.S.C. § 841(a)(1). He was sentenced to 120 months in prison—the statutory minimum in light of a prior felony drug conviction. See § 841(b)(1)(B). On appeal Collins challenges the district court’s decision at sentencing to add to his Sentencing Guidelines calculation two offense levels under U.S.S.G. § 3B1.1(c) for his supervisory role in the offenses. While the guidelines have been advisory since United States v. Booker, 543 U.S. 220 (2005), this guideline decision had significant consequences under the terms of a statute that is mandatory, not advisory. The supervisory role enhancement disqualified Collins from safety‐valve relief from the statutory minimum sentence. See 18 U.S.C. § 3553(f)(4). We generally review a district court’s determinations on the guidelines for aggravating and mitigating roles for clear error, e.g., United States v. Robertson, 662 F.3d 871, 876 (7th Cir. 2011); United States v. Herrera, 878 F.2d 997, 1000 (7th Cir. 1989), but if the court acted on the basis of a misunderstanding of the legal standard, we may need to remand for reconsideration under the proper legal standard. See Robertson, 662 F.3d at 876.

Vacated and Remanded

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