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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Avery attempted to have his guilty plea withdrawn after learning the prosecution was going to attribute a higher crack cocaine quantity to him.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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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