United States v. Kenneth Shoupe

I respectfully dissent. Although the majority’s refusal to permit a downward departure from the strict career offender provision is understandable, I remain unconvinced that the sentencing judge’s imposition on Shoupe of a sentence of over seven years for selling less than one-half ounce of cocaine was unduly lenient and prohibited by the sentencing guidelines.

The majority’s decision requires Shoupe to serve a prison sentence of over fourteen years. The majority reaches its result because Shoupe, over fifteen years ago at the age of eighteen, was convicted of burglary and armed robbery and in…