U.S. v. Richardson

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 15-1403
Decision Date: 
February 9, 2016
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed

Dist. Ct. did not err in sentencing defendant to 114-month term of incarceration on drug conspiracy charge, after finding that defendant qualified as career offender, even though Dist. Ct. had suggested during sentence hearing that defendant’s sentence would have been lower except for description in presentence report regarding two of defendant’s prior drug convictions. While defendant argued that Dist. Ct. should not have relied upon said descriptions, since they were nothing but hearsay statements contained in unreliable police reports that concerned drug quantities and cash recovered by police, Dist. Ct. could properly rely upon said reports, where: (1) rules of evidence do not apply to sentencing proceedings; and (2) defendant presented no evidence to show that information contained in police reports was inaccurate.