U.S. v. Smith

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
Nos. 14-3721 & 14-3744 Cons.
Decision Date: 
January 28, 2016
Federal District: 
S.D. Ind., Terre Haute Div.
Holding: 
Affirmed and vacated in part and remanded

Dist. Ct. erred in sentencing defendant-police officer to below-guidelines, 14-month term of incarceration on charge under 18 USC section 242 that defendant violated constitutional rights of two citizens by using unreasonable and excessive force under color of state law. Relevant guideline range was 33 to 41 months, and sentences imposed in prior cases that Dist. Ct. considered when imposing instant sentence were all significantly greater than instant sentence. Moreover, Dist. Ct. failed to give reason for imposing sentence that was significantly below relevant guideline range.