Remand was required for new sentencing hearing on drug distribution charge, where Dist. Ct. imposed certain written conditions of supervised release that had not been orally pronounced from bench. Ct., though, rejected defendant’s claim that Dist. Ct. erred in imposing 75-month sentence that was consecutive to 41-month sentence on earlier illegal reentry into U.S. charge, since: (1) Dist. Ct. was not required to fully address factors contained in section 3553(a) factors when making consecutive sentence determination; (2) defense counsel indicated that Dist. Ct. had addressed all of defendant’s mitigation arguments; and (3) prior illegal reentry conviction could not be viewed as “relevant conduct” with respect to instant drug and firearm charges so as to warrant imposition of concurrent sentence, where defendant’s convictions concerned dissimilar offenses that had different victims and no factual overlap.
Federal 7th Circuit Court
Criminal Court
Sentencing