Background
Corey Gaddy was convicted of conspiracy and distribution of fentanyl resulting in the deaths of two individuals and serious bodily injury to two others. Although the jury did not find that Gaddy caused the deaths, the presentence report included facts about the overdoses. The district court sentenced Gaddy to twenty-one years, varying downward from the guidelines range, and explicitly disclaimed liability for the deaths.
The court’s reasoning
The Eleventh Circuit reviewed the sentence for abuse of discretion. The court found that the district court did not consider the acquitted conduct because the sentencing guidelines calculation excluded enhancements for the deaths and the judge repeatedly stated he was not holding Gaddy liable for those deaths. The court also rejected the argument of unwarranted disparity with a co-defendant who pleaded guilty and cooperated, noting that defendants who go to trial are not similarly situated to those who plead guilty and assist the government.
What it means going forward
The ruling reinforces that district courts may consider acquitted conduct in sentencing so long as it does not form the basis for a sentencing enhancement and the court explicitly clarifies it is not holding the defendant liable for that conduct.