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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. 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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