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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. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  2. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  3. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  4. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  5. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

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