ILNews

Divided 7th Circuit affirms 'career offender' conviction

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

ADVERTISEMENT