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2018 Supreme(US)(ca7) 208

COURT OF APPEALS FOR THE SEVENTH CIRCUIT
Kanne
United States – Appellant
Versus
Ladonta Gill – Respondent



United States Court of Appeals For the Seventh Circuit ____________________ No. 17-1186 UNITED STATES OF AMERICA, Plaintiff-Appellee,

v. LADONTA GILL, Defendant-Appellant. ____________________

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 10 CR 673 — Matthew F. Kennelly, Judge. ____________________

ARGUED FEBRUARY 16, 2018 — DECIDED MAY 3, 2018 ____________________

Before WOOD, Chief Judge, and KANNE and ROVNER, Circuit Judges. KANNE, Circuit Judge. This is Gill’s third time appealing his sentence after he pled guilty in 2011 to one count of conspir- acy to possess heroin with intent to distribute. Twice before, we have remanded his case for resentencing. In this appeal, Gill argues he is entitled to yet another re- sentencing for two reasons. First, he contends that the district 2 No. 17-1186 court should have reduced his sentencing guidelines offense level because he accepted responsibility. But the district court did not clearly err when it denied Gill the reduction. Second, Gill insists that the district court created unwarranted sen- tence disparities between himself and his codefendants. But the district court sufficiently addressed the sentence dispari- ties and explained why Gill was receiving a higher sentence than most of his codefendants. Accordingly, we affirm. I. BACKGROUND The facts relevant to Gill’s current conviction are detailed in our two prior opinions, United States v. Adams, 746 F.3d 734 (7th Cir. 2014), and United States v. Gill, 824 F.3d 653 (7th Cir. 2016). We briefly summarize them here. Gill was a high-level member of a large heroin distribution operation that was led by Dana Bostic. After Bostic was shot and Bostic’s brother was murdered, Gill participated in a re- taliatory shooting. In November 2008, in Illinois state court, Gill pled guilty to a charge of aggravated unlawful use of a weapon in connection with that shooting. He was sentenced to three years’ imprisonment. In the fall of 2009, the Chicago Police Department and the Drug Enforcement Administration launched an investigation into Bostic’s organization that led to a federal indictment against Gill and a number of the organization’s other mem- bers. After that indictment, on December 21, 2011, Gill pled guilty to one count of conspiracy to possess heroin with intent to distribute. At Gill’s initial sentencing, the district court calculated Gill’s offense level to be 40 and assigned him a criminal his- tory score of III. It sentenced him to a below-guidelines term No. 17-1186 3 of 329 months’ imprisonment and ten years’ supervised re- lease. Gill appealed, challenging only the district court’s ap- plication to his offense level of a 2-level enhancement for maintaining a drug premises. We agreed that the enhance- ment was improper in light of intervening authority and re- manded the case. See Adams, 746 F.3d at 743–45. On remand, the district court recalculated Gill’s guidelines offense level, removing the 2-level drug premises enhance- ment and proactively removing another 2-level enhancement in anticipation of a retroactive amendment to the Guidelines. His new offense level was 36. The district court concluded that Gill’s criminal history score should remain the same as it was in his first sentencing—III—and Gill did not object. The score was based in part on Gill’s prior state conviction for ag- gravated unlawful use of a weapon. The district court im- posed a within-guidelines sentence of 280 months’ imprison- ment and 10 years’ supervised release. Gil

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