U.S. v. McKee

Full title: UNITED STATES OF AMERICA, Plaintiff, v. JARVIS McKEE, Defendant

Court: United States District Court, W.D. Wisconsin

Date published: Jun 5, 2008

06-cr-138-bbc (W.D. Wis. Jun. 5, 2008)

Opinion

06-cr-138-bbc.

June 5, 2008

ORDER

BARBARA CRABB, District Judge

Defendant Jarvis McKee has filed a motion pursuant to 18 U.S.C. § 3582, seeking a reduction of the amended sentence imposed upon him on December 21, 2006.

Defendant's original total adjusted offense level was 23; he was sentenced to 105 months, which was at the top of the sentencing guideline range of 84 to 105 months. Under the amended guidelines, his base offense level is 24, reduced by three levels for acceptance of responsibility. With a total offense level of 21 and a criminal history category of V, defendant has an advisory guideline range of 70 to 87 months.

Defendant asks for a sentence of 70 months, at the bottom of the amended sentencing range. The government argues for a proportional decrease to the top of the amended range, or 87 months.

At the time defendant was sentenced, I noted the factors that led to his being sentenced at the top of the guidelines: his attempt to have his girl friend take responsibility for a rifle found in her home, although it belonged to him; his possession of ecstacy in jail; and his history of noncompliance with probation conditions. I continue to believe that these factors suggest a high likelihood of recidivism. However, recognizing the discrepancy between the crack and powder cocaine guidelines, I will sentence defendant at the middle of his new guideline range, or 78 months. This reduced sentence will still carry out the statutory purposes of sentencing, which include reflecting the severity of defendant's crime, protecting the community and achieving parity with the sentences of similarly situated defendants.

Defendant has not asked for a sentence below the guideline range and I am not inclined to give him one under whatever authority I have under Kimbrough v. United States, 128 S. Ct. 558 (2007).

ORDER

IT IS ORDERED that the amended judgment and commitment order entered on December 22, 2006, is AMENDED to provide that the sentence imposed on defendant Jarvis McKee is reduced to 78 months. In all other respects, the judgment and commitment order remains as entered on December 22, 2006.