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. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.