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United States of America v. Ulysses Williams

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SUBMITTED AUGUST 28, 2012

Before POSNER, ROVNER, and WOOD, Circuit Judges.

In 2004 the defendant pleaded guilty to conspiracy to distribute crack cocaine. Because of the amount of crack involved, his base offense level was 36. U.S.S.G. § 2D1.1(c)(2) (2004). The judge reduced the level to 33 because the defendant had accepted re- sponsibility for his crime. His guidelines sentencing range, based on that offense level and a Category VI criminal history, was 235 to 293 months, and the judge sentenced him to the bottom figure. Because the defendant was a career offender, the judge was required, in the first instance, to calculate the guide- lines sentence from the career-offender guideline table, U.S.S.G. § 4B1.1(b). But the defendant’s base offense level in the table was only 34, and it decreased to 31 because of his accepting responsibility for his criminal conduct–and in calculating the guidelines range for a career offender the judge is required to use the higher of the offense level in the career-offender table or the offense level in the guideline that would be applicable were the defendant not a career offender. United States v. Washington, 618 F.3d 869, 870-71 and n. 7 (8th Cir. 2010), and cases cited there. In this case the higher level was the one in the latter guideline–33 (after the 3-level reduction for acceptance of responsibility), versus only 31 in the career-offender guideline.

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