Seventh Circuit - Sentencing Procedure

United States v. Mzembe, 979 F.3d 1169 (7th Cir. 2020). In determining whether a federal sentence should run concurrently, partially concurrently, or consecutively to an unrelated, undischarged state sentence under §5G1.3(d), a court may award “at least some deference” to the state judgment.

United States v. Daoud, 980 F.3d 581 (7th Cir. 2020). A sentence of sixteen years, reduced from a guideline range of life, for attempted use of a weapon of mass destruction, solicitation of murder, and aggravated assault, is substantively unreasonable. The court gave insufficient weight to the seriousness of the offenses and the need to protect the public and gave excessive weight to the defendant’s pretrial confinement and other mitigating factors.

United States v. Ramirez, 983 F.3d 959 (7th Cir. 2020). In a felon-in-possession case, an upward variance from a range of 46-57 months to a sentence of 72 months was procedurally and substantively reasonable. The Commission’s recidivism statistics belied the defendant’s aging-out-of-crime argument, and the Guidelines did not adequately capture the risk posed by the defendant’s flight from arrest or the seriousness of his criminal history.

United States v. Gonzales, 3 F.4th 963 (7th Cir. 2021). A sentence of 72-months, from a guideline range of 33-41 months, was substantively reasonable in a felon in possession case due to the nature of the offense, the defendant’s history of recidivism, his misrepresentations to the probation officer, and the need to deter similar offenses.

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