United States of America v. Jimmy L. Hudson, Jr.

Cape Girardeau, Missouri criminal defense lawyer represented the Defendant charged with distributing drugs.



After selling fentanyl to a confidential informant, Hudson was indicted on drug distribution charges. Pursuant to a plea agreement, he pled guilty to one count of distributing fentanyl, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(C). The agreement specifically noted that Hudson might be labeled a career offender for sentencing purposes—a designation which would increase his United States Sentencing Guidelines (USSG) range—and that the Government would recommend a sentence at the low end of the range if he was designated as such. As predicted, the Presentence Investigation Report (PSR), prepared by the United States Probation Office in anticipation of Hudson's sentencing, determined Hudson was a career offender because he "ha[d] at least two prior felony convictions of . . . a controlled substance offense.” Based in part on this designation, his Guidelines sentencing range was 151 to 188 months' imprisonment. Neither party objected to the PSR.

The Government, as discussed in the plea agreement, recommended a 151-month sentence; Hudson asked for 120 months.



The district court adopted the Government's recommendation and sentenced Hudson to 151 months' imprisonment. After listening to comments from both Hudson and his counsel about the rehabilitative steps Hudson had taken following

his last stint in federal prison, the district court sentenced Hudson based on the factors enumerated in 18 U.S.C. § 3553(a), "the sentencing objectives of just punishment, general deterrence, and incapacitation,” and the necessity of

"fashion[ing] a sentence that's sufficient but not greater than necessary to satisfy the statutory factors.” The court further noted Hudson's status as a career offender and noted this was his "third major federal court sentence” in addition to several "other offenses that are on [his] record.”

Affirmed