United States v. Gillispie

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Brice, who had been purchasing heroin from defendant “[o]ff and on, for maybe a year and a half,” suffered from hypertension and a mild arrhythmia, tested positive for hepatitis C, and had been an opioid addict for years. In the drug sale in question, Brice purchased half a gram of what he believed to be heroin; it was actually fentanyl. Brice injected approximately a quarter of that half gram intravenously, had a stroke, and entered a coma. He survived with a subarachnoid hemorrhage, anoxic brain injury, liver failure, kidney failure, and heart failure. He recovered his day-to-day functioning after six months of intensive therapy. Defendant pleaded guilty to distributing fentanyl, 21 U.S.C. 841(a)(1). Defendant’s presentence report acknowledged that the district court could increase his sentence above the authorized range based upon USSG 5K2.2, which authorizes departures when “significant physical injury result[s]” from the crime. He objected because the victim had an “extensive and serious history of pre-existing medical conditions." Feola, a doctor of pharmacy, testified that it was possible Brice’s pre-existing health status affected his likelihood of experiencing a drug overdose and that it was possible that his condition could have increased the likelihood of overdose symptoms. The district court increased the defendant’s offense level by six points, which increased his Guidelines range to 51-63 months and sentenced him to 51 months. The Sixth Circuit affirmed, rejecting an argument that the district court failed to consider Brice’s “own choices.” View "United States v. Gillispie" on Justia Law