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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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