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Recent SCOTUS decision trims identity-theft sentence

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An Indiana man convicted of stealing the Social Security numbers of more than 10 people must be sentenced to less time in prison because of a recent Supreme Court of the United States decision, the 7th Circuit Court of Appeals ruled in a five-page opinion Friday.

Timmothy Williams’ sentence will be significantly reduced, the Circuit Court ruled, because he was sentenced under guidelines calling for longer incarceration that were revised after Williams committed the crimes.

Williams pleaded guilty in U.S. District Court for the Northern District of Indiana, Hammond, to an 11-count indictment charging him with identity theft, making a false statement to an IRS agent and aggravated identity theft. He was sentenced to 56 months in prison, compounded by an additional 24 months because there were more than 10 victims. In a per curiam opinion, a panel of the Circuit Court ruled that there would have been no constitutional problems with the sentence under prior 7th Circuit precedent.

“While this case was on appeal, however, the Supreme Court held that applying the guidelines in effect at sentencing violates the ex post facto clause if it raises the defendant’s imprisonment rage,” the court wrote, citing Peugh v. United States, 133 S.Ct. 2072, 2078 (2013).

The panel remanded United States of America v. Timmothy Williams, 13-1260, to Northern District Chief Judge Philip P. Simon with instructions to resentence Williams to 30 to 37 months in prison.
 

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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