govinfo:USCOURTS-paed-2_01-cr-00457-10

IN THE UNITED STATES DISTRICT COURT 
FOR THE EASTERN DISTRICT OF PENNSYLVANIA 
 
UNITED STATES OF AMERICA : 
 : 
 v. : CRIMINAL ACTION NO. 01-457-5 
 : 
CLIFTON JUNIUS : 
_____________________________________________________________________________ 
 
McHUGH, J. March 2, 2026 
 
MEMORANDUM 
 
 Defendant Clifton Junius was a member of a sophisticated drug trafficking organization 
known as “Do or Die.” His participation included commission of a murder in which he also 
shot and seriously wounded another man. In 
2003, Mr. Junius pleaded guilty and was 
sentenced by Judge Giles of this Court to a term of 40 years’ imprisonment followed by 
10 years of supervised release.1 Since then, upon recommendation of former Magistrate 
Judge Strawbridge, Chief Judge Goldberg of this Court denied a motion for 
compassionate release, ECF 973, and later denied a motion for reduction of sentence. 
ECF 991. 
Mr. Junius now moves under 18 U.S.C. § 3582(c)(1)(A)(i), and advances three 
reasons for relief that he characterizes as “extraordinary and compelling.” 
First, noting that he was sentenced before the Supreme Court issued United States 
v. Booker, 543 U.S. 220 (2005), he argues that there has been a change in the law because 
Booker rendered the Guidelines advisory. This argument would appear to be barred by 
United States v. Rutherford, 120 F.4th 360 (3d Cir. 2024). But even if it were not it 
 
1 The Bureau of Prisons later recalculated the sentence and effectively lowered it to 38 years in prison. See ECF 660 
and 680. 

2 
 
suffers from a fatal flaw, because Judge Giles imposed a sentence below the applicable 
Guideline, which was life in prison. Mr. Junius’ position is weaker still because even 
under the current Guidelines, (which now cap offense levels at 43), the sentence for 
someone like him remains life in prison. In short, there is no disparity between current 
law and the law under which Mr. Junius was sentenced, and he received a below-
Guideline sentence regardless. 
Second, Mr. Junius argues that his sentence was unfairly disparate from his co-
defendants and similarly situated defendants generally. As to co-defendants, although he 
refers to some as having been released, the relevant comparator would appear to be 
Daniel Coats, who pleaded to similar drug offenses and murder. His sentence was higher 
than Mr. Junius, 60 years, and he is still in custody, a motion to reduce that sentence 
having been denied by Judge Goldberg in 2022. 01-cr-457-1. ECF 993. I discern no 
disparity there. 
As to other criminal defendants generally, Mr. Junius provides no relevant points 
of comparison. On its face, given the seriousness of the offenses, a sentence of 40 years 
for participation in a vast drug conspiracy accompanied by a murder and a near-deadly 
assault does not intuitively strike the Court as an aberration, an impression supported by 
the Guidelines both then and now. In fact, as Chief Judge Schlitz of Minnesota recently 
observed, for murder in aid of racketeering, a higher sentence of life is “the norm” for 
such offenses. United States v. McGruder, 2024 WL 3176237, at *1 (D. Minn. June 26, 
2024) (Schlitz, C.J.). 

3 
 
Finally, Mr. Junius cites his age at the time of the murder: he was then 23. District 
courts are divided over whether consideration of youth is limited to the time of 
sentencing or may properly be considered in a motion brought under § 3582(c)(1)(A)(i). 
I lean toward the view that age is properly considered in an appropriate case, but am 
hard-pressed to give it significant weight here, where the murder was planned and 
calculated, one committed in furtherance of a sustained broader conspiracy, and not the 
product of an emotional outburst or provocation. See United States v. Delvalle, 2024 WL 
3934989, at *4-6 (S.D.N.Y. Aug. 23, 2024); United States v. Brown, 2024 WL 3357836, 
at *6 (E.D. Va. July 10, 2024); United States v. Bryant, 2024 WL 2028268, at *4-9 (D. 
Nev. May 6, 2024). 
 The motion will be denied. An appropriate order follows. 
 
 
 /s/ Gerald Austin McHugh 
 United States District Judge 
 
 
 
 
 

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