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7th Circuit rules on drug sentences

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In a consolidated appeal, the 7th Circuit Court of Appeals upheld one man’s sentence following a guilty plea to drug offenses, but sent the other man’s case back to the District Court to reconsider his sentence in light of United States v. Corner.

In United States of America v. Michael Redmond and Charles Avery Jr., Nos. 10-1947, 10-3914, Michael Redmond and Charles Avery Jr. challenged their sentences following guilty pleas to crack cocaine distribution conspiracy and crack cocaine distribution, respectively.

Avery attempted to have his guilty plea withdrawn after learning the prosecution was going to attribute a higher crack cocaine quantity to him. He pleaded guilty without a plea agreement.

The 7th Circuit pointed out that by pleading guilty without the benefit of the plea agreement, he had no guarantees from the government regarding any of this points of contention.

“Even if Avery was under a reasonable misapprehension of what quantity would be attributable to him based on his reliance on the government’s representations, Avery’s status as a career offender, which raised his offense level to 34, made the relevant conduct drug weight irrelevant in determining his Guidelines sentencing range,” wrote Judge Joel Flaum.

The judges affirmed his sentence, finding the government set forth facts to establish the amount of cocaine attributable to Avery and the District Court reasonably concluded that the readily provable quantity of crack cocaine attributable to him for purposes of determining his advisory sentencing guideline range was 51.5 grams.

Regarding Redmond, the 7th Circuit remanded his case to the District Court for the limited purpose of allowing the court to consider his sentence in light of Corner, 598 F.3d 411 (7th Cir. 2010), which was decided after Redmond was sentenced.

Redmond was classified as a career offender under 18 U.S.C. Section 4B1.1, with a criminal history category of VI. The advisory guidelines sentencing range was to be 262 to 327 months. While the District Court agreed that Redmond’s career criminal status “may have overstated the seriousness of his arrest history” and that it would “deviate down from the guidelines,” the court still sentenced Redmond to a longer sentence than he expected – 240 months. Redmond wanted a sentence of 15 or 16 years.

In Corner, the 7th Circuit held that a District Court can vary categorically from every guideline, including the career offender guidelines.

“Though the court certainly could have varied its sentence further, Redmond presents little to show that the district court was constrained in its decision making process. Moreover, that the court sentenced Redmond below the advisory career offender range, suggests that it was not constrained by the guideline calculation. Even so, the district court did suggest that Redmond’s status as a career offender was a significant factor in its sentence, and it is not clear that the court recognized its complete discretion to deviate from the Guidelines career-offender calculation,” wrote the judge.

 

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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