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Judges uphold man’s sentence under newer guidelines

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The 7th Circuit Court of Appeals had to decide Thursday whether the sentencing of a man under the 2011 Sentencing Guidelines for child pornography offenses that took place over the course of seven years created constitutional problems since different guidelines were in place when he committed the crimes.

The judges unanimously decided that any error by the District Court in sentencing Randall Ray Fletcher Jr. to a 30-year term in prison with lifetime supervised release was harmless, and they affirmed his sentence in United States of America v. Randall Ray Fletcher Jr., 12-3104.
 
Fletcher pleaded guilty to five charges of child pornography: Counts I, II, and III alleged the offense took place in 2002; Count IV alleged the offense occurred between November 2004 and July 2006; and Count V alleged the offense occurred between November 2004 and May 2009. He was sentenced in August 2012, when the Nov. 1, 2011 Sentencing Guidelines were in effect. The District judge grouped Counts II-V together when sentencing Fletcher. The guidelines range for all of the counts, when combined with his criminal history category of IV, was life imprisonment. That exceeded the statutory maximum for all of the offenses, so the judge sentenced Fletcher to 240 months on Count I and an aggregate of 240 months on the rest of the counts, to be served concurrently.

Fletcher appeals, claiming he should have been sentenced under previous versions of the sentencing guidelines because he committed the crimes prior to when the 2011 version took effect. He argued this is a violation of the ex post facto clause. The previous versions of the sentencing guidelines were not as severe.

“[T]he application of the newer, harsher version of the guidelines to grouped offenses that straddle an amendment poses no ex post facto problem because the grouping guidelines together with one book rule provide adequate notice to defendants that they will face the harsher version of the guidelines if they choose to continue a course of conduct after the guidelines are amended,” Judge Ilana Rovner wrote.

Counts II through V were grouped together at sentencing and Fletcher did not object to that, the judge pointed out.

After looking at Count I, the judges decided that any error related to Count I is harmless. The earlier version of the guidelines would give the count, when factoring in his criminal history category of IV, a sentencing range of 292-365 months. The low end of this range exceeds statutory maximum, just as it did under the District Court’s calculation under the 2011 guidelines. As a result, the statutorily authorized maximum sentence under the 2001 guidelines is the guidelines sentence, which brings it down to 240 months – the same range the District Court calculated under the 2011 guidelines.   

“Because the court was constrained by the statutory maximum under either version of the guidelines, any error in calculating the range for Count I could not have affected the District Court’s choice of a sentence and thus any possible error was harmless,” she wrote.
 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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