Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Before Lynch, Chief Judge, Torruella, Circuit Judge, and Cudahy, *fn1 Senior Circuit Judge.

In 2005, Carl Smith was charged with two counts of distribution of cocaine and two counts of distribution of cocaine base in violation of 21 U.S.C. § 841(a)(1). After a two day trial, a jury found Smith guilty of three of the four counts. In the presentence report (PSR), the probation office set Smith’s base offense level at 18, but because Smith’s criminal history included two burglary convictions, which are considered crimes of violence under the guidelines, he was deemed to be a career offender. See U.S.S.G. §§ 4B1.1, 4B1.2. His career offender status yielded an adjusted offense level of 32. He had a criminal history score of 17 and a criminal history category of VI. A total offense level of 32 and a criminal history category of VI yielded a guideline sentencing range (GSR) of 210 to 262 months.

Smith filed a motion for a downward departure under U.S.S.G. § 4A1.3(b) on the grounds that his criminal history category over- represented the seriousness of his predicate offenses. He also requested a variance pursuant to 18 U.S.C. § 3553(a), arguing that the non-violent nature of his crimes as well as his personal characteristics justified a below-guidelines sentence.*fn2 At the sentencing hearing, the district court acknowledged that the guideline range resulting from Smith’s career offender status was high, but concluded that Smith had failed to establish the existence of any mitigating factors. The court sentenced Smith to 210 months imprisonment with a three-year term of supervised release. Smith appeals his sentence.

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Complex Claims & Litigation Forum 2024

February 26, 2024 - February 28, 2024
Las Vegas, NV

The conference experience aimed to help insurers and litigators Prevent, Prepare, and Prevail in complex claims cases and risks.

Learn More

Women, Influence & Power in Law UK Awards 2024

March 06, 2024
London, UK

Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession.

Learn More

Florida Legal Awards (FLLA) 2024

April 04, 2024
Miami, FL

Daily Business Review honors attorneys and judges who have made a remarkable difference in the legal profession in Florida.

Learn More


Gill & Chamas, LLC seeks an attorney to work in their Woodbridge, NJ Office. Candidate must possess either of the following: 1-3+ year...

Apply Now ›


FDA s Office of the Chief Counsel is seeking to fill several attorney positions (GS 12/13/14). These positions offer intellectually challen...

Apply Now ›


COLE SCHOTZ P.C.HUMAN RESOURCES MANAGER- NEW JERSEY OFFICE Prominent mid-Atlantic law firm with multiple regional office locations seeks a ...

Apply Now ›

Blume Forte Fried Zerres & Molinari

New Jersey Law Journal

Frederick D. Miceli has joined the firm as Of Counsel

View Announcement ›


New Jersey Law Journal

Professional Announcement

View Announcement ›

Aaronson Rappaport Feinstein & Deutsch, LLP

New York Law Journal


View Announcement ›