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7th Circuit rules on sentence reduction

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The 7th Circuit Court of Appeals has ordered a man resentenced because the District judge erred by not granting the defendant the one-level reduction under the United States Sentencing Guidelines that was triggered by the government’s motion.

In United States of America v. Jaymie T. Mount, No. 11-2616, Jaymie T. Mount appealed Judge Jane Magnus-Stinson’s refusal to grant the government’s motion for Mount to receive an additional one-level reduction following his decision to plead guilty to possession of a gun by a felon. While awaiting trial on the charge, Mount disappeared for nearly three months before being captured. He pleaded guilty to the gun charge, which led to the District Court granting him a two-level reduction in his offense level under the sentencing guidelines. But Magnus-Stinson denied the one-level reduction based on Mount’s decision to flee.

Mount argued that the one-level reduction is mandatory once the government determines that the criteria spelled out in U.S.S.G. Section 3E1.1(b) are satisfied and it makes the necessary motion. The federal appellate court hasn’t squarely addressed this issue, but it agreed with Mount. The judges looked to decisions from other Circuits and the language of the guidelines to find the reduction is mandatory.

However, nothing in Mount’s argument touches on the District Court’s duty to evaluate the outcome of the correct computation of the advisory guideline range and then impose a reasonable sentence. In this case, the judges found Magnus-Stinson erred in not granting the one-level reduction because it ultimately affected the advisory guideline range.


 

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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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