15-Year Sentence in Drugs and Gun Case Was Procedurally and Substantively Reasonable

UNITED STATES V. HIGHSMITH, NO. 13-201-cr (2D CIR. NOV. 22, 2013) (SACK, HALL, AND LIVINGSTON) (SUMMARY ORDER), AVAILABLE HERE

The Court denied this defendant’s appeal of his 15-year sentence for distribution of 50 grams or more of cocaine and a 924(c).  The defendant argued that the district court did not adequately consider certain 3553(a) factors and that it wrongly doubled his sentence on the drug count from a 5-year mandatory minimum to 10-years.  On plain error review, the Court disagreed with both claims and found the sentence procedurally and substantively reasonable.  First, the district court explained at the sentencing hearing that it considered the PSR, the parties’ sentencing letters and identified various characteristics of the defendant.  The district court also expressly stated that it was imposing a sentence sufficient, but not greater than necessary to comply with 3553(a).  The 15-year sentence was substantively reasonable because it fell within the permissible range of sentences.  The guidelines recommended a 420-month term and the two substantive counts of conviction each carried a 5-year minimum.