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. What about the single mothers trying to protect their children from mentally abusive grandparents who hide who they truly are behind mounds and years of medication and have mentally abused their own children to the point of one being in jail and the other was on drugs. What about trying to keep those children from being subjected to the same abuse they were as a child? I can understand in the instance about the parent losing their right and the grandparent having raised the child previously! But not all circumstances grant this being OKAY! some of us parents are trying to protect our children and yes it is our God given right to make those decisions for our children as adults!! This is not just black and white and I will fight every ounce of this to get denied

  2. Mr Smith the theory of Christian persecution in Indiana has been run by the Indiana Supreme Court and soundly rejected there is no such thing according to those who rule over us. it is a thought crime to think otherwise.

  3. maybe if some of the socia workers would treat the foster parents better, they would continue to fostr.

  4. We have been asked to take in a 2 no old baby because mother is in very unstable situation. We want to do this but will need help with expenses such as medical and formula... Do we have to have custody thru court?

  5. Very troubling. A competent public defender is very much the right of every indigent person in the US or the Fifth amendment becomes meaningless. And considering more and more of us are becoming poorer and poorer under this "system," the need for this are greater than ever.... maybe they should study the Federals and see how they manage their program? And here's to thanking all the PD attorneys out there who do a good job.