Dist. Ct. did not err in sentencing defendant to 117-month term of incarceration on Hobbs Act and brandishing firearm in connection with crime of violence charges, even though defendant argued that Dist. Ct. improperly considered his race when imposing instant sentence by relying on false stereotype about black families, as well as failed to adequately consider his argument regarding psychological immaturity of young men in their late teens. While Dist. Ct., in addressing defendant's mitigation argument that he suffered in his formative years due to fact that his father was incarcerated, stated that absence of father in family home was "common thing in our community," such observation was not example of racial stereotype of black family, where Dist. Ct. discounted said observation by noting that defendant had loving mother and other sources of support. As such, Dist. Ct. was merely making clear that sentencing decision was overwhelmingly driven by other factors and was not influenced by perception about absent fathers in black community. Also, Dist. Ct. adequately acknowledged defendant's youth and status of his brain development and could properly conclude that defendant's crimes could not be explained away by his youth.
Federal 7th Circuit Court
Criminal Court
Sentencing