U.S. v. Fisher

Federal 7th Circuit Court
Criminal Court
Supervised Release
Citation
Case Number: 
No. 18-2765
Decision Date: 
November 25, 2019
Federal District: 
S.D. Ind., Indianapolis Div.
Holding: 
Affirmed and remanded

In prosecution on Hobbs Act robbery and firearms charges, Dist. Ct. erred in imposing in written judgment concurrent supervised-release terms for all seven counts that jury found defendant guilty, where Dist. Ct. mentioned during sentencing hearing only four counts that supervised release terms applied. As such, since there was inconsistency between oral and written sentences, remand was required to adopt language used by Dist. Ct. at sentencing hearing. Also, Ct. rejected defendant’s challenge to his three convictions for brandishing firearm during crime of violence, even though defendant claimed that his Hobbs Act robberies did not qualify as crime of violence, where Ct. observed that it had previously found in Anglin, 846 F.3d 954, that Hobbs Act robbery qualified as crime of violence.