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7th Circuit upholds 300-month sentence

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The United States Sentencing Guidelines aren’t susceptible to vagueness challenges, so a defendant’s claim that the career offender sentencing guideline is unconstitutionally vague failed, the 7th Circuit Court of Appeals ruled.

Cristofer Tichenor pleaded guilty to armed robbery and discharging a firearm in connection with robbing a bank in Cicero, Ind. Under the terms of his plea agreement, he retained the right to appeal the applicability of the career offender sentencing guideline. His attorney originally raised an objection to the application of this guideline, but later withdrew it at the sentencing hearing based on Sykes v. United States, 131 S. Ct. 2267 (2011).

The District Court applied the career offender enhancement – based on prior convictions of dealing hash oil and resisting law enforcement – and sentenced Tichenor to 300 months in prison.

Tichenor argued on appeal that the career offender sentencing guideline is unconstitutionally vague and the U.S. Sentencing Commission exceeded its authority in enacting the current definition of “crime of violence.”

Citing previous caselaw on these issues, the 7th Circuit found that the Sentencing Guidelines can’t be challenged for vagueness and that the Sentencing Commission didn’t exceed its authority by putting into effect the “crime of violence” definition.

“The vagueness doctrine is concerned with providing fair notice and preventing arbitrary enforcement. Since the Guidelines are merely advisory, defendants cannot rely on them to communicate the sentence that the district court will impose,” wrote Judge Joel Flaum in United States of America v. Cristofer Tichenor, No. 11-2433.

The judges also noted that Tichenor was on notice that his prior conviction of resisting law enforcement qualified as a “crime of violence” at the time he committed the armed robbery.

In addition, the Sentencing Commission has the authority to adopt the current definition of “crime of violence,” even if it is a deviation from the definition that Congress had envisioned, Flaum wrote, citing United States v. Rutherford, 54 F.3d 370, 374 n.11 (7th Cir. 1995).  

 

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  • Law or not law
    vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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