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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. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  2. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  3. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  4. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  5. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

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