Evading Arrest-Sentencing Guidelines

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7^th Circuit Court of Appeals

Case Name: United States of America v. Samuel Caraway

Case No.: 22-2146

Officials: Sykes, Chief Judge, and Rovner and Lee, Circuit Judges.

Focus: Evading Arrest-Sentencing Guidelines

Identified as the cocaine supplier and leader of a trafficking operation, in cases against eight drug couriers, the government informed Caraway’s attorney about the impending indictment, leading Caraway to voluntarily travel to Illinois for a proffer interview. However, after the government learned about Caraway’s involvement in a violent robbery, they notified his attorney that he needed to surrender by December 15, 2017. Despite this, Caraway never responded, and in January 2018, he was charged with conspiracy to distribute cocaine.

Eleven months later, U.S. Marshals initiated a search for Caraway. In July 2021, he was stopped by a Texas state trooper for speeding. Initially providing a fake name, Caraway was later arrested after revealing his real identity. Ultimately, he pleaded guilty to the charges. The Presentence Report (PSR) recommended sentencing enhancements for his leadership in the conspiracy and for obstructing justice by evading arrest for approximately 42 months. Caraway contested the notion that the government’s inability to find him was evidence of evading arrest.

Despite Caraway’s objections, the court upheld the enhancements and calculated his sentence range as 292-365 months, which would have been 235-293 months without the obstruction enhancement. After considering the factors outlined in 18 U.S.C. 3553, the judge justified the imposed 360-month sentence, indicating that it would have been the same even without the enhancements.

The Seventh Circuit affirmed the district court’s decision, stating that the Guidelines range was properly calculated without the enhancement and that the sentence was justified based on the severity of the crime, Caraway’s role, relevant conduct, potential for recidivism, and public safety considerations.

Affirmed.

Decided 07/18/23

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