Petition updateStop "Reverse-Sting" OperationsNew Ruling on UNITED STATES OF AMERICA v CLIFTON MCLEAN

Alida EgipciacoJackson Heights, NY, United States
Oct 25, 2016
MEMORANDUM OPINION
The latitude given to federal authorities in charging drug offenses has been described as
creating a “terrifying capacity for escalation of a defendant's sentence.”1 This case exemplifies
that reality, as a defendant caught by an undercover “sting” operation faces a Guideline sentence
of 35 years to life imprisonment, with a mandatory minimum sentence of 25 years, because of a
professed willingness to rob a drug stash house that was invented entirely by Government agents,
containing a fictional amount of drugs chosen by those agents. At sentencing, Defendant Clifton
McLean argued that his sentence should be reduced because the Government improperly inflated
his culpability by choosing a quantity of drugs—5 kilograms of cocaine—that would trigger such
a high mandatory minimum.
In an earlier opinion, I described the historical background of ATF “sting” cases, and
concern among both judges and commentators over the consequences of this particular law
enforcement tactic. United States v. McLean, 85 F. Supp. 3d 825 (E.D. Pa. 2015). Although I
denied Defendant’s Motion to Dismiss the Indictment, resulting in his trial and conviction, as to
this issue, I agree that imposing the sentence prescribed for the quantity of cocaine charged
would violate his constitutional right to Due Process of Law on the facts of this case. I have as a result imposed a sentence that excludes consideration of the amount specified by the
Government, imposing only two of the three mandatory minimums for the reasons that follow.
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