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Divided 7th Circuit affirms 'career offender' conviction

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The 7th Circuit Court of Appeals has affirmed a District Court’s 100-month sentence for a man deemed to be a “career offender.” But the decision was not unanimous.

In United States of America v. Anthony Raupp, No. 11-2215, Anthony Raupp appealed the District Court’s determination that he was a “career offender” after he pleaded guilty to possessing a firearm, despite his status as a felon.

The 7th Circuit majority held that the single question for review was whether Raupp’s prior conviction of conspiracy to commit robbery could be considered a “crime of violence” under U.S. Sentencing Guidelines.

The majority wrote that an application note accompanying USSG Section 4B1.2 defines an inchoate offense such as conspiracy as a “crime of violence” when the underlying crime is one. “That disposes of this appeal, as far as the Sentencing Commission is concerned,” the 7th Circuit majority wrote.

But in her dissent, Judge Diane Wood wrote that the majority opinion is inconsistent with a long line of cases holding that the text of USSG Section 4B1.2 and the nearly identical language in the Armed Career Criminal Act have the same meaning. In Raupp, Wood wrote that her colleagues concluded that the sentencing guidelines have adopted a significantly broader definition of “crime of violence” than the ACCA.

The majority wrote that Raupp’s “sole contention is that district judges must ignore the first application note to Section 4B1.2, and that contention does not carry the day.”

Application notes in the sentencing guidelines should be treated as an agency’s interpretation of its own legislative rule, Wood wrote. She wrote that she would vacate and remand for resentencing.

 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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