United States of America v. Joshua Delmare Habern

Pikeville, Kentuck crminal defense lawyer represented the Deendant charged with drug trafficking meth and fentanyl.



Defendant Joshua Delmare Habern pled guilty to several drug and firearm charges. During sentencing, the district court overruled Habern's objection and determined that Habern was a career offender under § 4B1.1 of the United States

Sentencing Guidelines ("U.S.S.G.”). The district court then sentenced Habern to a below-Guidelines sentence of 300 months. Habern appeals the district court's sentence, arguing that (i) he is not a career offender under U.S.S.G. § 4B1.1 and (ii) his sentence is substantively unreasonable because the district court did not accord his mitigating evidence sufficient weight.

(1) 240 MONTHS IMPRISONMENT, CONCURRENT TO COUNT 8, CONSECUTIVE TO COUNT 2, FOR A TOTAL OF 300 MONTHS IMPRISONMENT; 5 YEARS SUPERVISED RELEASE, CONCURRENT; $100 SPECIAL ASSESSMENT -- AMENDED JUDGMENT (7/10/2024) - *TO INCLUDE FORFEITURE

(2) 60 MONTHS IMPRISONMENT, CONSECUTIVE TO COUNTS 1 & 8, FOR A TOTAL OF 300 MONTHS IMPRISONMENT; 5 YEARS SUPERVISED RELEASE, CONCURRENT; $100 SPECIAL ASSESSMENT -- AMENDED JUDGMENT (7/10/2024) - *TO INCLUDE FORFEITURE

(8) 240 MONTHS IMPRISONMENT, CONCURRENT TO COUNT 1, CONSECUTIVE TO COUNT 2, FOR A TOTAL OF 300 MONTHS IMPRISONMENT; 5 YEARS SUPERVISED RELEASE, CONCURRENT; $100 SPECIAL ASSESSMENT -- AMENDED JUDGMENT (7/10/2024) - *TO INCLUDE FORFEITURE