## Facts

- Johnny Patillo pleaded guilty in 1992 to a single-count charge of possession with intent to distribute approximately 680.7 grams (about 681 grams) of cocaine base (“crack”), in violation of 21 U.S.C. § 841(a)(1).
- On January 16, 1992, Patillo brought a package to a Federal Express office in Los Angeles to ship it to Dallas, Texas; the package contained the crack cocaine.
- Patillo said a neighbor offered him $500 to mail the package.
- Patillo admitted he knew the package contained illegal drugs, but he maintained he did not know the type of drug or the amount.
- At sentencing, Patillo was 27 years old, Black, college-educated, had held steady employment before incarceration, and had no prior criminal record.
- Patillo reported extraordinary financial pressures when he mailed the package, including debts from student loans, credit cards, phone bills, and unpaid rent.
- Based on the type and quantity of drugs alone, the U.S. Sentencing Guidelines produced a sentencing range of approximately 151–188 months (about 12 years, 7 months to 15 years, 8 months).
- Separately, 21 U.S.C. § 841(b)(1)(A) imposed a 10-year (120-month) mandatory minimum sentence for the charged quantity of cocaine base.
- The district court continued the sentencing hearing multiple times while searching for any reasoned basis to avoid imposing the 10-year mandatory minimum in Patillo’s circumstances.

## Issues

1. Did the district court have authority to impose a sentence below the 10-year mandatory minimum required by 21 U.S.C. § 841(b)(1)(A) for Patillo’s crack-cocaine offense, given his personal circumstances and the court’s objections to the sentencing scheme?

## Decision

- The court concluded Patillo was subject to the 10-year mandatory minimum under 21 U.S.C. § 841(b)(1)(A) based on the form and quantity of the drug involved.
- The court held it lacked legal authority to sentence below 120 months absent a statutory mechanism permitting a below-minimum sentence (such as a government motion based on substantial assistance).
- The court imposed a sentence consistent with the mandatory minimum (120 months), while issuing a published opinion stating strong protest and objection to the mandatory-minimum and crack-cocaine penalty structure.

## Legal Principles

- When a statutory mandatory minimum applies, the sentencing court may not impose a sentence below that floor unless Congress has provided a specific authorization (commonly, a government motion allowing a below-minimum sentence based on substantial assistance).
- A Guidelines calculation and a Guidelines departure do not permit a court to sentence below an applicable statutory mandatory minimum.
- A district court’s disagreement with the severity, proportionality, or policy effects of a mandatory minimum (including the crack/powder disparity) does not provide legal power to disregard the statute at sentencing.

## Conclusion

United States v. Patillo held that, despite compelling mitigating circumstances and the judge’s stated protest against mandatory minimums and the crack-cocaine sentencing regime, the district court was required to impose at least the 10-year sentence mandated by 21 U.S.C. § 841(b)(1)(A) and therefore sentenced Patillo to 120 months’ imprisonment.


United States v. Patillo, 817 F. Supp. 839 (1993)