U.S. v. Conaway

Federal 7th Circuit Court
Criminal Court
Case Number: 
No. 11-3246
Decision Date: 
April 16, 2013
Federal District: 
S.D. Ill.
Dist. Ct. did not err in sentencing defendant to 60-month term of incarceration on charge of making false threats to detonate explosive devise stemming from scheme that involved threats to burn Quran, as well as threat to blow up himself and his neighbors at defendant’s home. Dist. Ct. could properly impose enhancement under section 3A1.2 of UGGS since threats involved law enforcement personnel who appeared at his residence. Moreover, instant sentence was not substantively unreasonable, although sentence was three months above applicable guidelines and defendant otherwise suffered from bi-polar mental disorder, where instant departure from guidelines was minor, and where Dist. Ct. could properly find that defendant was clearly aware that his actions were criminal in nature, and that he demonstrated control throughout incident. Ct. rejected defendant’s claim that Dist. Ct. had failed to adequately consider his mental condition when imposing instant sentence.