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Dealer Takes First Step to Resentencing on Appeal

A felon convicted of drug and weapons charges stemming from a 2005 traffic stop will be resentenced after an appeals court ruled that his case qualifies for review granted by a reform of federal guidelines. A district court judge in February denied Samuel Hoggsett’s motion to reconsider under the First Step Act, ruling the offenses were not covered when the changes to sentencing rules were made retroactive to their approval in Congress. Reforms under the Fair Sentencing Act of 2010 reduced the difference in sentencing for crimes involving cocaine in crack and power form

East Alton police found Hoggsett carrying a half-gram of crack and a pistol when they stopped his car for having an unlighted license plate. Both violations were compounded a prior felony conviction and non-charged offenses involving more  than 20 grams of the drug that together earned the Madison County man a 29-year stretch at his 2007 sentencing. When Congress in 2018 permitted district courts to revisit crack convictions, Hoggsett appealed. However, Judge Staci Yandle in the Southern District of Illinois rejected the bid, saying that the half-gram didn’t qualify for review. Judges in the 7th U.S. Circuit Court of Appeals disagreed, citing case law in writing that Hoggsett’s intent to distribute fit the reform’s conduct provision and that the amount of the druq was sufficient under the 2010 act’s modification of sentencing rules.

The Chicagoland Law Firm helps clients in DuPage County and across the state of Illinois, including with sentencing reviews, sealing and expungement. If you have been convicted of a crime and feel you’ve been sentenced in error, our Criminal Defense attorneys can help you to know whether and how rules changes might affect your case. Contact our offices in Downers Grove and downtown Chicago to consult with a member of our team. This free consultation cannot be construed as legal advice. However, we will defend you zealously should you choose to retain us. We are your best defense.

Dealer Takes First Step to Resentencing on Appeal