Defendant was entitled to new sentencing hearing on charges of carjacking, armed bank robbery and using firearms during said offenses, where: (1) Dist. Ct. sentenced defendant in 1998 to 840-month term of incarceration based, in part, on finding that defendant qualified as career offender; (2) in 2018, defendant successfully moved under 28 USC section 2241 for new sentence hearing because he no longer qualified as career offender; (3) at re-sentencing hearing, defendant’s new guideline range was 348-to-390-month term of incarceration; and (4) Dist. Ct. failed to adequately explain imposition of same 840-month term of incarceration or why it significantly deviated from guideline range. Moreover, defendant’s sentence was 165 and 112 months longer than sentences of his two co-defendants, who had similar criminal histories.
Federal 7th Circuit Court
Criminal Court
Sentencing