U.S. v. Hendrix

Dist. Ct. did not err in imposing above-Guideline, 78-month term of incarceration on unlawful possession of firearm by felon charge, even though defendant argued that Dist. Ct. did not adequately consider section 3553(a) factors or his mitigation evidence, and that sentence was tainted by Dist. Ct.’s view of general prevalence of gun violence in Chicago area. Ct. of Appeals, though, found no procedural error, where Dist. Ct. discussed and applied section 3553(a) factors in detail and further noted defendant’s mitigation evidence while finding that such evidence did not outweigh aggravating factors such as defendant’s criminal history, his prior firearm conviction, and fact that he committed instant offense within 10 months after his release from prior firearm conviction. Dist. Ct. could also note existence of gun violence in Chicago area, where Dist. Ct. could properly consider locality-based factors in gauging impact that particular offense had on community in which it was committed. Also, Dist. Ct. could reject defendant’s contention that instant offense, which arose out incident where defendant possessed loaded gun while selling drugs during daytime in residential/commercial area, was “non-violent offense.” Too, instant sentence was not substantively unreasonable, even though relevant Guideline range was 46 to 57 months, given defendant’s criminal history and his possession of firearm during drug transactions.