United States v. Glenn Demon Carr

Glenn Demon Carr was convicted of possession with intent to distribute 66.92 grams of cocaine base in violation of 21 U.S.C. § 841 (a)(1). Because Carr had been convicted of two prior felony controlled substance offenses, the district court enhanced his base offense level to 34 under the career offender provision of the United States Sentencing Guidelines, § 4B1.1. The adjustment was based on two offenses to which Carr pled guilty in 1985: (1) sale of a “nickel baggie” of marijuana for $5, and (2) sale of .26 grams of cocaine for $25. Despite the small quantities involved in the prior offenses, the district court refused to grant a downward departure and sentenced Carr to 262 months, the low end of the guideline range.

Carr argues that, as applied to his ease, § 4B1.1 violates the Eighth Amendment and the Due Process Clause because its 30-year mandatoiy minimum is grossly disproportionate to the seriousness of his prior offenses. We have not previously addressed whether an application of the guidelines’ career offender provision that is disproportionate to the offenses involved may violate the Eighth Amendment’s Cruel and Unusual Punishment Clause. See United States v. Reyes, 8…