US v. Savides, No. 87 CR 17-1.

CourtUnited States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)
Writing for the CourtEdward M. Genson, Genson, Steinback & Gillespie, Chicago, Ill., for defendant
Citation758 F. Supp. 466
PartiesUNITED STATES of America v. Christ SAVIDES.
Docket NumberNo. 87 CR 17-1.
Decision Date05 March 1991

758 F. Supp. 466


No. 87 CR 17-1.

United States District Court, N.D. Illinois.

March 5, 1991.

758 F. Supp. 467

Fred Foreman, U.S. Atty. by William Cook, Asst. U.S. Atty., Chicago, Ill., for plaintiff.

Edward M. Genson, Genson, Steinback & Gillespie, Chicago, Ill., for defendant.


BUA, District Judge.

Defendant Christ Savides asks the court to reduce his sentence or, in the alternative, restructure his sentence in light of the findings of the Seventh Circuit in United States v. Pace, 898 F.2d 1218 (7th Cir.), cert. denied, Cialoni v. United States, ___ U.S. ___, 110 S.Ct. 3286, 111 L.Ed.2d 795 (1990); Savides v. United States, ___ U.S. ___, 111 S.Ct. 210, 112 L.Ed.2d 170 (1990). For the reasons stated below, the court denies Savides' motion to reduce his sentence, but grants Savides' request to restructure his sentence.

Defendant Savides was convicted of one count of conspiracy to distribute and to possess with intent to distribute a controlled substance (Count I) in violation of 21 U.S.C. § 846, six counts of delivery of a controlled substance or possession of a controlled substance with intent to deliver (Counts II-VII) in violation of 21 U.S.C. § 841(a)(1), and one count of engaging in a Continuing Criminal Enterprise ("CCE") in violation of 21 U.S.C. § 848 (Count VIII). The court sentenced Savides to ten years of imprisonment and a $100,000 fine on the conspiracy charge (Count I); ten years of imprisonment on each of the possession charges (Counts II-VII) to be served concurrently to that for the conspiracy charge, as well as a total of $300,000 in fines; and ten years of imprisonment on the CCE charge (Count VIII) to be served consecutively to the other sentences. Additionally, a fine of $100,000 was imposed on Count VIII. Subsequently, in Pace, 898 F.2d at 1218, the Seventh Circuit found, based on the government's confession of error, that consecutive sentences should not have been imposed for the conspiracy and CCE convictions. The Seventh Circuit remanded for resentencing.

On remand, the "trial judge must resentence according to the original sentencing intentions." United States v. Shue, 825 F.2d 1111, 1116 (7th Cir.), cert. denied, 484 U.S. 956, 108 S.Ct. 351, 98 L.Ed.2d 376 (1987). When imposing its original sentence, the court intended that

758 F. Supp. 468
Savides be sentenced to ten years imprisonment on a parolable offense (conspiracy) and ten years imprisonment on a...

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  • Simms v. Oedekoven, 92-97
    • United States
    • United States State Supreme Court of Wyoming
    • September 28, 1992
    ...497 U.S. 1030, 110 S.Ct. 3286, 111 L.Ed.2d 795 (1990), cert. denied 498 U.S. 878, 111 S.Ct. 210, 112 L.Ed.2d 170 (1990), on remand 758 F.Supp. 466 (N.D.Ill.1991) (due process). We can see no reason why the federal courts could not also find it compatible with the Eighth Amendment to the Con......

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