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Judges uphold identity thief's sentence

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In a decision Friday, the 7th Circuit Court of Appeals repeated its holding that a District judge can satisfy the review standards under 18 U.S.C. Section 3553(a) without having to list every possible sentencing factor or detail of every argument raised for the federal appellate court to find that the sentence was proper.

Garjon Collins challenged his 108-month sentence after pleading guilty to 11 counts of misusing a Social Security number and 11 counts of aggravated identity theft. His sentence composed of 60 months on each of the counts 1-11 to run concurrently with each other; 24 months on count 12 to run consecutively to counts 1-11; 24 months on count 13, to run consecutively to count 12, and 24 months each on counts 11-14, to run concurrently with each other and with count 13.

Collins believed his sentence should be reduced by 24 months, arguing the judge improperly imposed consecutive sentences on counts 12 and 13, which are aggravated identity theft convictions. He thought the sentences should run concurrently.

The 7th Circuit found Judge Joseph Van Bokkelen’s decision to impose consecutive sentences for two of the 11 convictions for aggravated identity theft was reasonable in light of the facts of the case, and was an appropriate exercise of discretion.

The appellate court also analyzed whether Collins’ sentence was reasonable in light of the sentencing factors of 18 U.S.C. Section 3553(a). Collins argued the District Court failed to consider his mitigating factors, including his stroke and his cooperation with authorities.

The District Court did take note of Collins’ physical impairments and recognized that the Bureau of Prisons has facilities that could accommodate his needs and the fact that the judge didn’t mention Collins’ childhood trauma specifically isn’t an error, wrote Chief Judge David R. Herndon, of the U.S. District Court for the Southern District of Illinois, sitting by designation in United States of America v. Garjon Collins, No. 10-2576.

“Although this court has stated this principle before, it bears repetition here: When a district judge makes an adequate, thoughtful analysis of the sentencing factors vis-à-vis the facts of the case, and the district judge makes it clear, on the record, that in reaching the final sentence, he has considered the applicable sentencing factors, and the arguments made by the parties, the sentencing judge has, then, satisfied the review standards which must be met,” wrote Chief Judge Herndon. “It is simply not required that the sentencing judge tick off every possible sentencing factor or detail and discuss, separately, every nuance of every argument raised for this court to find that the sentence was proper.”

In light of the record as a whole, the District judge properly considered the Section 3553(a) sentencing factors and imposed an appropriate, reasonable sentence.
 

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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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