Sentencing Guidelines

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7^th Circuit Court of Appeals

Case Name: Otis Elion v. United States of America

Case No.: 20-1725

Officials: Brennan, Scudder, and Kirsch, Circuit Judges.

Focus: Sentencing Guidelines

In 2017, Elion entered a guilty plea for three counts involving the distribution of methamphetamine under sections 21 U.S.C. 841(a)(1) and (b)(1)(C). The Probation Office categorized him as a career offender, relying on U.S.S.G. 4B1.1(a) and 4B1.2(b), which led to an elevated Guidelines range of 151 to 188 months, as opposed to the original 70 to 87 months. Notably, Elion’s legal counsel did not contest this enhancement. Following his conviction, Elion initiated an appeal against his 167-month sentence; however, his attorney subsequently moved to withdraw from the case. Elion later opted to dismiss his appeals voluntarily.

Several months down the line, Elion took it upon himself to file a pro se motion under 28 U.S.C. 2255, seeking to vacate, correct, or set aside his sentence. Within this motion, Elion argued that if his trial attorney had raised objections to his designation as a career offender, he would have been subjected to a lower Guidelines range and, subsequently, a significantly reduced sentence. Elion’s prior convictions encompassed a 1999 Illinois conviction for the unlawful delivery of a look-alike substance within 1,000 feet of public housing premises, a 2000 Illinois conviction for the unlawful delivery of a look-alike substance, and a 2006 federal conviction for the distribution of a cocaine base.

The Seventh Circuit reverses the decision that denied Elion’s motion. This was due to the recognition that the Illinois look-alike statute covered a broader range of conduct compared to the controlled substance offense indicated by the Guidelines, and further, the statute was considered indivisible. Consequently, Elion should not have been subject to the career offender designation for his sentencing. The district court, as a result, is now tasked with evaluating whether Elion’s attorney exhibited deficient performance, as per the standards outlined in the Strickland legal framework.

Reversed and remanded

Decided 08/07/23

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