United States v. Campbell, No. 21-1812 (7th Cir. 2022)
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In 1998, Campbell pled guilty in state court to escape and felony aggravated battery. He was released with his sentence discharged in 2001. In 2006 he was convicted for possessing a controlled substance with intent to deliver; in 2013 he was convicted for unlawful delivery of a controlled substance within 1,000 feet of church property. In 2017, Campbell pled guilty to four counts of distributing controlled substances, 21 U.S.C. 841(a)(1) and (b)(1)(C) after making several sales of crack cocaine and heroin to a confidential source. The probation officer filed four different PSRs; the first three found that Campbell was a career offender under Guidelines section 4B1.1 in part because of his 2006 and 2013 convictions. The court determined that certain uncharged drug sales beginning in 2016 were relevant conduct, which stretched the beginning of the offenses of conviction back far enough that Campbell’s 1998 conviction counted as a predicate offense.
The Seventh Circuit affirmed his 120-month sentence. The district court properly calculated Campbell’s range under the Guidelines but also recognized the narrow margin by which he qualified as a career offender. It was appropriate for the court to rely primarily on its consideration of the statutory sentencing factors under 18 U.S.C. 3553(a) to decide on an appropriate sentence.
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