Tuesday, July 21, 2020

Life Sentence Vacated Because District Court Didn’t Consider Mitigation


US v. Webb: Between 2003 and 2015 Webb was involved in a conspiracy to distribute cocaine (in crack and powder forms) in North Carolina. As a result he was charged with multiple offenses, including conspiracy and money laundering. He was convicted on several counts, including the conspiracy ones (involving drugs and money laundering) and was sentenced to life in prison.

The Fourth Circuit affirmed Webb's convictions, but vacated his life sentence. As to the convictions, the court held there was not error in the admission into evidence of Webb's prior drug conviction that occurred during the time of the conspiracy and no plain error ni a prosecutor's remark during closing argument that implied Webb had been unfaithful to his wife. As to his sentence, however, the court held that it was procedurally unreasonable. That is because the district court failed to engage with all of Webb's arguments for a sentence less than life in prison. Specifically, Webb argued that he had been phasing out of the conspiracy at the time of his arrest, that his codefendants who were "two or three rungs up the ladder" received lower sentences than life, and that given his age a lower sentence (20 years) would result in Webb being released at an age where he was unlikely to reoffend. While the Government responded to those arguments, the district court did not address them in imposing sentence. Therefore, Webb's sentence had to be vacated.

No comments: