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Court upholds sentence-reduction denial

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Even though a defendant may be eligible for a sentence reduction under new crack cocaine sentencing guidelines, it is up to the District Court's discretion to grant a reduced sentence, the 7th Circuit Court of Appeals ruled today. The Circuit Court affirmed a District Court's denial to reduce a man's sentence because of his behavior while in prison.

In United States of America v. Victor A. Young, No. 08-1863, a U.S. District judge of Indiana's Northern District declined granting Victor Young's motion to reduce his sentence under 18 U.S.C. Section 3582(c)(2) for possessing crack cocaine with the intent to distribute even though the government agreed a sentence reduction was appropriate. The District judge based his decision on the contents of an addendum that reported Young had been sanctioned 15 times for incidents of misconduct while in prison. The judge reasoned that this behavior reflected poorly on his ability to be rehabilitated and he posed a danger to the community if his sentence was reduced.

In his appeal, Young challenged the process the District Court used to rule on his motion. He believed if the court was to rely on new information about his prison sanctions, he should have been given notice to contest it.

However, Young did have access to the addendum prepared by the probation office four days before he filed his motion and could have addressed the information in his initial submission to the court but did not, wrote 7th Circuit Judge Diane Sykes.

The judge did think his behavior in prison was important and by written order and without holding a hearing, denied Young's motion. And, under Section 3582(c)(2), the District Court has substantial discretion in deciding how to adjudicate those motions, wrote Judge Sykes.

The 7th Circuit Court of Appeals hadn't attempted to identify the minimum procedural protections required under the section but declined to do so today. Even if the appellate court assumed a defendant has to have an opportunity to comment on post-sentencing conduct in a Section 3582(c)(2) proceeding, Young had that opportunity.

The defendant bears the burden of requesting the court for a different procedure, but Young never did. Even if he thought four days wasn't enough time to investigate the sanctions in the addendum, he could have raised the issue for more time, wrote Judge Sykes.

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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