Dist. Ct. did not err in sentencing defendant to above-Guideline, 78-month term of incarceration, even though applicable Guideline range was between 37 and 46 months. While defendant argued that Dist. Ct. procedurally erred by relying on its personal gun-related fears and blamed him for Chicago’s general gun-violence problem when sentencing him, Ct. of Appeals found no reversible error, where: (1) Dist. Ct.’s comments were not type of “extraneous and inflammatory” comments that would require new sentencing hearing; (2) Dist. Ct.’s reference to more recent gun-violence in its old neighborhood was used only to illustrate Chicago’s gun violence; and (3) Dist. Ct. appropriately addressed section 3553(a) factors and need to protect public when sentencing defendant. Ct. further rejected defendant’s claim that his sentence was substantively unreasonable, where Dist. Ct. adequately addressed defendant’s mitigation claims, as well as section 3553(a) factors.
Federal 7th Circuit Court
Criminal Court
Sentencing